THE FACTORIES ACT, 1948
Factory legislation became necessary as employers, the factory owners began to
exploit the employees by making them to work in complete disregard of their health,
strength and working conditions.
The object of the Act is to regulate the conditions of work in manufacturing
establishments coming within the definition of the term ‘Factory’. The Act came into
force on 1st April 1949.
Important Definitions:
Factory: Sec. 2(m): What is a Factory: Any premises including precincts thereof –
i) Whereon 10 or more workers are working or were working on any day of the
preceding twelve months and in any part of which a manufacturing process is being
carried on with the aid of power or is ordinarily so carried on, or
ii) Whereon 20 or more workers … carried on without the aid of power…
The term factory does not include: (a) a mine, or (b) a mobile unit belonging to the
armed forces of Union of India, or (c) a railway running shed, or (d) a hotel, restaurant
or eating place.
Thus, ‘factory’ is (1) a place where a manufacturing process is carried on; (2) It employs
prescribed minimum number of workers on any day of the preceding twelve months.
The word ‘premises’ used in the definition is to be used in a wider sense. It has been
held by the Supreme Court in A.H. Bhiwandiwala’s case that the definition includes the
salt production in an open field. Similarly, the Railway Workshops are covered under the
definition.
To clarify the meaning of the term ‘factory’, it is necessary to understand three other
terms:
Manufacturing Process: Sec. 2(k): The term is defined in a very wide sense to include:
i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing or otherwise treating or adopting any article or
substance with a view to its use, sale, transport, delivery or disposal, or
ii) pumping oil, water, sewage or any other substance,
iii) generating, transforming or transmitting power, or
iv) composing types of printing, printing, lithography, photogravure, other similar
process or book-binding,
v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; or
vi) preserving or storing any article in cold storage.
It has been held that the different processes enumerated are merely illustrative and
many processes have been held to be the manufacturing processes by various courts:
(a) Bidi making, (b) moulding and transformation of raw cinematography films into
finished product, (c) process of moistening, stripping and packing of tobacco leaves, (d)
laundry service, (e) bottle washing etc.
Worker: Sec. 2(l): A worker means a person employed, directly or through any agency
(including a contractor) with or without the knowledge of the principal employer. He may
be employed for or without remuneration. He must be employed in a manufacturing
process, or in cleaning some part of the machinery or premises used for manufacturing
process or in some other kind of work incidental to, or connected with, the
manufacturing process. A worker does not include any member of the armed forces of
the Union of India.
Worker means any person engaged in any work connected with or incidental to a
manufacturing process. Thus, the definition is wide. It includes persons engaged directly
or through an agency or a contractor. It also includes clerical workers, peons, and
persons paid by piece rate. Apprentices, whether remunerated or not are workers. It is
important that a relationship of employer and employee, master and servant must exist.
Power: Sec. 2(g): Power means electrical energy or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency.
Young Person: Sec. 2(d): a person who is either a child or an adolescent.
Child: S. 2(c): a person who has not completed his fifteenth year of age.
Adolescent: S. 2(b): a person who has completed his fifteenth year of age but has not
completed his eighteenth year.
Occupier: Sec. 2(n) is a person who has ultimate control over the affairs of the factory,
provided that –
i)
ii)
iii)
in case of a firm or other AOP, any one of the individual partners or members
thereof;
in case of a company, any one of the directors,
in case of a factory is owned or controlled by the Govt. or a local authority, the
person appointed to manage the affairs of the factory, shall be deemed to be the
‘occupier’.
Certifying Surgeon: Sec. 10 provides that the State Govt. may appoint qualified
medical practitioners to be certifying surgeons for a local area or for specified factories
or class of factories. Their duties are as per Rule 18 and include the examination and
certification of young persons, examination of persons engaged in dangerous processes
in factories, medical supervision where such supervision is prescribed.
The Inspecting Staff: Sec. 8 empowers the State Government to appoint the Chief
Inspector, Additional Chief Inspectors, Deputy Chief Inspectors and Inspectors,
Additional Inspectors etc. and all such appointees shall be deemed to be public
servants within the meaning of Indian Penal Code. Every District Magistrate is an
Inspector for his district. Sec. 9 and Rule 17 prescribes the powers of Inspectors which
include power to enter any place which is used as a factory, to make an examination of
the premises, plant and machinery, to require the production of any register or
documents relating to the factory, take measurements, photographs, issue orders and
to take statements of any person/s for the purpose of carrying out the purposes of the
Act. Under Sec. 75 an Inspector has the additional power to require medical
examination of a ‘young person’ working in a factory. Sec. 91 empowers the Inspector
to take samples of any substance used or is intended to be used in a factory. Any
person willfully obstructing an Inspector in the exercise of any power shall be punished
with imprisonment up to 6 months or with fine up to Rs. 10,000/- or both.
Approval, Licensing and Registration of Factories:
It is necessary to obtain a license (permission in writing) from the Chief Inspector for the
site on which the factory is to be started, for the plans, for construction and also for
extension of the factory. Sec. 6 empowers the State Govt. to make rules regarding the
plans, specifications etc. of a factory and its location. Thus, to get the plans of a factory
approved, an application in the prescribed form has to be made to the Chief Inspector.
Such application should be accompanied by the necessary documents. Under Sec. 6
read with Rule 3, if the Factory Inspector is satisfied with the requirements, he will grant
his approval or permission.
Sec. 6(2) makes it obligatory for the Factories Inspector to dispose of the application
within 3 months and if nothing is heard from him within 3 months, the permission is
deemed to be granted. If the Chief Inspector refuses the permission, the aggrieved
applicant may, within 30 days from the date of refusal, appeal to the State Govt. under
Sec. 6(3).
Sec. 7 provides that the ‘Occupier’ must, at least 15 days before he begins to occupy or
use any premises as a factory, send to the Chief Inspector, a written notice containing:
(a)
the name and situation of the factory
(b)
the name and address of the occupier
(c)
the name and address of the owner of the premises
(d)
the address to which communication be sent
(e)
nature of manufacturing process to be carried on in next 12 months
(f)
total horse power installed or to be installed
(g)
name of the manager for the purposes of the Act
(h)
number of workers likely to be employed
(i)
such other particulars as may be prescribed.
As per Sec. 6 and Rules 5 to 13, the occupier or the manager has to apply to the Chief
Inspector for registration of the factory and obtaining the necessary license. The fees
prescribed for the purpose should accompany the application. The Chief Inspector, if
satisfied, will register the factory and grant the license.
The license so granted may be amended, renewed, revoked or suspended in
accordance with the Rules framed under the Act.
New sections 7-A and 7-B are introduced by the Amendment Act of 1987 prescribing
the general duties of the occupier in regard to the health, safety and welfare of all the
workers while they are at work in the factory.
Chapter III lays down provisions regarding HEALTH of the workers, contained in Sec.
11 to 20 and Rules 19 to 56.
1) Cleanliness: Sec. 11: Every factory must be kept clean and free from effluvia and dirt.
Dirt and refuse shall be removed daily, i.e. sweeping to be done daily. The floor of every
workroom shall be washed at least once every week. Effective means of drainage be
provided. Painting – once in 5 years. Whitewashing or colour washing – once every 14
months. Records to be kept in Form 8.
2) Disposal of waste: Sec. 12: Effective arrangements for treatment and disposal of
waste and generated due to the manufacturing process shall be made.
3) Ventilation and Temperature: Sec. 13: To secure and maintain adequate ventilation
and reasonable temperature by circulating fresh air… temperature to ensure reasonable
conditions of comfort. The State Govt. may prescribe a standard of adequate ventilation
and reasonable temperature... records be kept.
4) Dust and Fume: Sec. 14: Effective measures shall be taken to prevent inhalation of
dust and fumes and their accumulation in any workroom. If any exhaust appliance is
necessary, it shall be installed as near as possible to the point of origin of dust, fume or
other impurity.
5) Artificial Humidity: Sec. 15: To ensure prescribed standards of humidity in all factories
in which humidity of the air is artificially increased.
6) Overcrowding: Sec. 16: Overcrowding which may be injurious to the health of the
workers is to be avoided in every room in the factory.
7) Lighting: Sec. 17: Every part of a factory where workers are working or passing,
sufficient and suitable lighting - natural or artificial or both, be provided and maintained.
8)
Drinking Water: Sec. 18: Effective arrangements be provided and maintained at
suitable and conveniently situated points for sufficient supply of wholesome drinking
water.
9) Latrines and Urinals: Sec. 19: Sufficient latrine and urinal accommodation of
prescribed types, separate enclosed accommodation for male and female workers, be
provided in every factory which shall be conveniently situated and accessible to workers
at all times while they are at the factory. The State Govt. may prescribe the number of
latrines and urinals to be provided in any factory in proportion to the number of workers
10) Spittoons: Sec. 20: Sufficient number of spittoons be provided and maintained in a
clean and hygienic condition. State Govt. may make rules as regards types and the
number of spittoons to be provided and their location in any factory.
Chapter IV lays down provisions regarding SAFETY of the workers, contained in Sec.
21 to 41 and Rules 57 to 73. Safety provisions are absolute and are obligatory in their
character and the occupier of every factory is bound to follow them.
1) Fencing of Machinery: Sec. 21: In every factory dangerous part of every machinery
shall be fenced. Such dangerous parts include – prime movers, flywheel, every part of a
stock bar of a lathe, electric generator, a motor, rotary converter, a transmission
machinery etc. State Govt. may prescribe such further precautions or may even exempt,
subject to such conditions as it may consider necessary, in respect of any particular
machinery or part thereof. It is to be noted that the duty to fence such machinery as
contemplated in this section is absolute.
2) Work on or near Machinery in Motion: Sec. 22: It must be by trained adult male
worker only. Such workers shall be wearing tight fitting clothing, supplied by the
occupier. Name of such a worker must have been recorded in the prescribed register
and he shall be furnished with a certificate of his appointment. No woman or young
person shall be allowed to clean, lubricate or adjust any part of machinery in operation.
3) Employment of young persons on dangerous machines: Sec. 23: No young person
shall work at any dangerous machine unless he has been fully instructed as to the
dangers arising in connection with the machine and the precautions to be observed. He
must have received sufficient training about the work and shall be under adequate
supervision of a person having through knowledge and experience of the machine. The
State Govt. is to prescribe what machines are dangerous for the purpose of this section.
4) Striking gear and devices for cutting off power: Sec. 24: In every factory suitable
devices for cutting off power in emergencies from running machinery shall be provided
and maintained in every workroom. There shall be adequate measures to prevent
accidental starting of the transfusion or other machines.
5) Self-acting machines: Sec. 25: Moving parts of a self-acting machine must not be
allowed to come within a distance of 45 centimeters of any fixed structure which is not
part of the machine.
6) Casing of new machinery: Sec. 26: In all machinery installed after the
commencement of this Act, certain parts must be sunk, encased or otherwise effectively
guarded, i.e. set screw, bolt, toothed gearing etc. so as to prevent danger.
7) Women and children near cotton-openers: Sec. 27: No woman or child shall be
employed in any part of a factory for pressing cotton in which a cotton opener is at work.
8) Hoists and lifts and lifting machines, chains etc.: Sec. 28 & 29: Every hoist and lift
must be so constructed so as to be safe. There are detailed rules as to how such
security is to be secured. There are similar provisions for lifting machines, chains, ropes
and lifting tackles.
9)
Revolving machinery: Sec. 30: In every room where grinding is carried on, the
maximum safe working speed of every revolving machinery connected therewith shall
be notified. Steps must be taken to ensure that the safe speed is not exceeded.
10) Pressure plant: Sec. 31: In every factory where a pressure plant is in use, effective
measures shall be taken to ensure that the safe working pressure is not exceeded.
11) Floors, stairs and means of access: Sec. 32: All floors, steps, stairs. Passages and
gangways shall be of sound construction and properly maintained. Safe means of
access shall be provided to every place at which any person is, at any time required to
work.
12) Pits, sumps, opening etc: Sec. 33: in every factory fixed vessel, sump, tank, pit or
opening in the ground or in a floor, shall be securely covered or fenced.
13) Excessive weight: Sec. 34: No worker shall be allowed or made to lift or carry or
move any load so heavy as to cause him injury.
14) Protection of eyes: Sec. 35: Effective screen or suitable goggles shall be provided to
protect the eyes of the workers from fragments thrown off in course of any
manufacturing process and excessive light, if any.
15) Protection against dangerous fumes: Sec. 36: No person shall be allowed to enter
any chamber, tank, pit, pipe, or other space in which dangerous fumes are likely to be
present unless it is equipped with a manhole or other means of going out. Only a lamp
or light of flameproof construction can be used in used in such space. For people
entering such space, suitable breathing apparatus, reviving apparatus etc. shall be
provided. (Sec. 36-A): no portable electric light be used in such space.
16) Explosive or inflammable gas etc: Sec. 37: Where any manufacturing process
produces explosive / inflammable gas, dust, fume or vapour, steps must be taken to (a)
enclose the machine concerned, (b) to prevent the accumulation of substances, and (c)
to exclude all possible sources of ignition. Extra precautionary measures are to be taken
where such substances are at a pressure greater than the atmospheric pressure.
17) Precaution in case of fire: Sec. 38: Every factory shall be provided with such means
of escape in case of fire as may be prescribed. Practical measures to prevent outbreak
of fire both internally or externally be provided and maintained. Equipment and facilities
for extinguishing fire shall be adequate. Effective, clearly audible means of giving
warning in case of fire to every person be provided.
18) Specification of defective parts or tests of stability: Sec. 39 & 40: If any building or
machine or part thereof is in a defective or dangerous condition, the Inspector may
order for holding of the required tests to determine how they can be made safe. He can
direct the adoption of the measures necessary to make them safe. In case of immediate
danger, the use of the building or machinery may be prohibited.
19) Power to make Rules: Sec. 41: The State Govt. may make rules providing for the
use of such further devices for safety as may be necessary.
Sections 41-A to 41-H are introduced by the Amendment Act of 1987, making special
provisions for safety where hazardous processes are carried on in any factory.
Chapter V lays down provisions regarding WELFARE of the workers, contained in
Sec. 42 to 50 and Rules 74 to 92.
1) Washing facilities: Sec. 42: In every factory adequate, suitable and conveniently
accessible facilities for washing shall be provided and kept clean, for the use of male
and female workers.
2) Facilities for storing and drying clothes: Sec. 43: The State Govt. may make rules
requiring the provision of suitable places for keeping clothing not worn during working
hours and for drying of wet clothing.
3) Facilities for sitting: Sec. 44: Suitable arrangements for sitting shall be provided and
maintained for all workers who are required to work in a standing position, so that they
take rest when possible.
4) First-aid appliances: Sec. 45: Every factory must provide, readily accessible, first aid
boxes or cupboards containing prescribed materials, and must be in charge of a
persons trained in the first-aid treatment. For every 150 workers there shall be at least
one first aid box. There are special provisions for a factory employing more than 500
workers.
5) Canteens: Sec. 46: In a factory where more than 250 workers are employed, the
State Govt. may require that a canteen or canteens shall be provided and maintained by
the occupier for the use of the workers. The State Govt. may make appropriate rules in
this regard, including representation of workers in the management of the canteen.
6) Shelters, rest rooms etc: Sec. 47: In a factory where more than 150 workers are
employed, adequate and suitable shelters or rest rooms and a lunch room, which are
ventilated, sufficiently lighted and maintained in a cool and clean condition, with
provisions for drinking water shall be provided and maintained by the occupier for the
use of the workers.
7) Crèches: Sec. 48: In a factory where more than 30 women workers are employed, a
room or rooms, well lighted, ventilated maintained in a clean and sanitary condition be
provided for the use of children below the age of 6 years of such women workers. The
room shall be under the charge of women trained in the care of children and infants.
The State Govt. may make rules prescribing for facilities, including free milk or
refreshment or both for the children.
8) Welfare officer: Sec. 49: In a factory where 500 or more workers are employed, the
occupier shall employ in the factory, welfare officers. The State Govt. may prescribe the
duties, qualifications and conditions of service of such officers.
9) Power to make rules: Sec. 50: The State Govt. may make rules regarding the welfare
of workers. the representatives of the workers shall be associated with the management
of the welfare arrangements of the workers.
Working hours of Adults:
Weekly Hours: Sec. 51: An adult worker shall not be allowed or required to work in a
factory for more than 48 hours in a week.
Daily Hours: Sec. 54: An adult worker shall not be allowed or required to work in a
factory for more than 9 hours in a day. However, the daily maximum hours may be
exceeded with the previous approval of the Chief Inspector to facilitate the change of
shifts.
Intervals for Rest: Sec. 55: A worker shall be given an interval for rest of at least half
an hour, after 5 hours of work. The State Govt. or the Chief Inspector, may by an order
in writing and for the reasons stated therein, increase the work period to six hours.
Spread over: Sec. 56: The total periods of work of an adult worker, inclusive of rest
intervals, shall not be spread over more than ten and a half hours in any day. However,
the Chief Inspector may for specified reasons, increase the spread over up to twelve
hours.
Holidays and Leave: Sec. 52 and 53: Every adult worker shall be allowed a holiday for
a whole day in every week. If such day is not Sunday, the manager of the factory shall
deliver a notice to the Inspector and such a notice shall also be displayed in the factory.
In case the manager wishes to substitute the day of a holiday, he can do so by
delivering a notice to the Inspector and also by displaying the same in the factory.
However, no substitution can be made which results in any worker working for more
than ten days consecutively without a holiday for a whole day.
If a worker is deprived of any of the weekly holidays, he shall be given compensatory
holidays of the equal number of holidays lost. Such compensatory holidays shall be
allowed within the month in which the holidays were due or within two months
immediately following that month.
Night Shifts: Sec. 57: When a worker works on shift which extends beyond midnight, his
weekly or compensatory holiday means a period of holiday for 24 consecutive hours
beginning when his shift ends.
Extra wages for Overtime: Sec. 59: Where a worker works for more than nine hours in
any day or for more than 48 hours in any week, he shall be paid for overtime work. The
rate of overtime wages shall be twice the ordinary rate of wages, which means the basic
wages plus such allowances to which the worker is entitled to, for the time being. It does
not include bonus.
Sec. 64 empowers the State Govt. to make rules exempting the conditions and
provisions of Sections 51, 52, 54, 55 and 56. However, in any case (a) the total number
of hours of work in a week, including overtime, shall not exceed sixty; and (b) the total
number of hours of overtime shall not exceed fifty for any quarter. Quarter means threemonth period beginning 1st January, 1st April, 1st July and 1st October.
Restrictions on Employment of Women: By Sec. 66 following restrictions have been
imposed as regards women workers:
a) No woman can be given exemption from the provision of Sec. 54 (maximum daily
hours of work shall be 9).
b) No woman shall be required or allowed to work except between 6 a.m. and 7 p.m.
The State Govt. may by notification vary the time limit for particular factories, but in
no circumstances women shall be employed to work between 10 p.m. and 5 a.m.
c) There shall be no change of shifts for women except after a weekly holiday or other
holiday.
There are certain other restrictions on employment of women:
1. Work on or near machinery in operation (Sec. 22)
2. Prohibition on employment near cotton openers (Sec. 27)
3. Excessive weight – The State Govt. may make rules, prescribing the maximum
weight which may be lifted, carried or moved by women workers (Sec.34).
4. Crèches – In every factory where more than 30 women are employed, a suitable
room be provided for the use by the children under the age of six years of such
women (Sec. 48).
5. Under Sec. 87(b) the State Govt. is empowered to make rules prohibiting women to
work involving dangerous operations.
Employment of Young Persons: Sec. 67 to 77 and Rules 103 and 104: By Sec. 67,
the employment of a child below the age of 14 years is totally prohibited.
By virtue of Sec. 68, a child above the age of 14 years and an adolescent shall not be
allowed or required to work unless two conditions are satisfied. (a) He has been
granted a certificate of fitness, by a certifying surgeon, which certificate is in the custody
of the manager of the factory. (b) Such child or adolescent carries a token giving a
reference to such certificate.
Sec. 71 provides that a child can be employed to work in a factory for a maximum
period of four and half-hours in a day. The section further provides that a child cannot
be employed during the night time, i.e. from 10 p.m. to 6 a.m. A female child cannot be
employed or allowed to work during 7 p.m. and 8 a.m. Further, a child worker must get a
holiday for a whole day in every week without any exemption.
Sec. 69 permits an adolescent to work as an adult for a full day’s work if the certifying
surgeon grants him a certificate of fitness.
A certificate of fitness granted shall be valid for a period of twelve months from the date
of issue. Any fee payable for the certificate shall be paid by the occupier of the factory
and shall not be recovered from the young person or his parents.
Annual Leave with Wages: Sec. 78 to 84 and Rules 105 to 113: Provisions can be
summarised as follows:
1) A person in every calendar year shall be allowed annual leave with wages at the rate
of one day for every twenty days of work performed by him during the previous
calendar year.
2) In case of a child worker, the annual leave with wages is to be allowed on the same
basis but at the rate of one day for every 15 days of work performed.
3) A worker shall be entitled for annual leave with wages provided he has worked for
240 days or more or 2/3rd of the number of days (if his service commenced after 1st
January) in the previous calendar year.
4) For counting the number of days of work performed by a worker, the following days
are to be included:
a) days of lay-off (Lay-off means the failure, refusal or inability of the employer to
provide work to a worker – Sec. 2(kkk) of Industrial Disputes Act).
b) in case of a female worker, days of maternity leave, not exceeding 12 weeks.
5) In computing the number of days of work performed by a worker, the days as
mentioned in (4) above shall be taken into account; but the worker shall not earn
leave for those days.
6) Leave can be accumulated up to 30 days in case of an adult and up to 40 days in
case of a child.
7) The leave admissible will be exclusive of all holidays whether occurring during or
before or at the end of the leave period.
8) Wages for the leave period shall be paid before the leave begins.
9) Application for the leave shall be submitted at least 15 days before the date of
commencement of leave. In case of a public utility service, the application shall be
made at 30 days prior.
10) In case of a worker who is discharged or dismissed or who quits employment or is
superannuated or dies while in service, he or his heir must be paid wages in lieu of
annual leave. In such cases, the annual leave is to be calculated at the same rate as
above but irrespective of whether the worker has worked for 240 days or not.
Wages during the leave period: Sec. 80: For the period of leave allowed, the worker
shall be paid wages at a rate equal to the daily average of his total full time earnings for
the days he worked during the month immediately preceding his leave. Average rate of
wages to include dearness allowances but not overtime wages and bonus.
Dangerous operations: Sec. 87 and Rule 114: The State Govt. is empowered to frame
special provisions and make rules for the purpose of controlling and regulating factories
which carry on dangerous operations exposing workers to serious risk of bodily injury,
poisoning or disease. Exhaustive rules have been made providing for medical
examination, safety and protection of workers, restricting and controlling the use of
particular material and process etc.
Manager of a factory where an accident occurs causing death or serious bodily injury or
where a dangerous occurrence of prescribed nature takes place, the manager shall sent
notice to the prescribed authorities in the prescribed form within the prescribed time.
Special Power of the State Govt.
 Sec. 85 confers authority upon the state Govt. to extend, in appropriate cases,
the provisions of this Act, to establishments wherein manufacturing process is
being carried on, which are otherwise not factories within the meaning of the Act
and to ensure to persons working in such establishments the benefits provided
by the Act though they are not workers strictly as per the Act.
 On the issue of a notification by the State Govt., the place designated will be
deemed to be a factory, the owner will be deemed an occupier and persons
working therein will be deemed workers.
Penalties and Procedure: Sec. 92 to 106 lay down the provisions regarding offences
and penalties under the Act:
1) If in any factory, there is any contravention of the provisions of the Act or any Rule or
order made there under, the occupier and the manager may each be punished with
imprisonment for a term which may extend to two years or with fine up to Rs. one lac
or both.
2) Where there is a contravention of any of the provisions contained in Sections 21 to
41 as regards safety of the workers or under Sec. 87 (dangerous operations), and
such contravention results in an accident causing death or serious bodily injury,
minimum amount of fine shall be Rs. 25,000/- in case of death and Rs. 5,000/- in
case of accident causing serious injury.
3) Where the contravention continues after conviction, there is a provision of additional
fine, which may extend to Rs. 1,000/- per day for the days the contravention, is so
continued.
4) If an occupier or manager, convicted of an offence under (1) above, commits the
same offence again within two years, he may be punished with imprisonment up to 3
years, or with fine of not less than Rs. 10,000/- which may extend to Rs. 2 lacs.
5) Where an occupier or manager, convicted of an offence under (2) above, commits
the same offence again within two years, the amount of fine shall not be less than
Rs. 35,000/- in case of an accident causing death and Rs. 10,000/- in case of an
accident causing serious bodily injury.
6) Any person willfully obstructing an Inspector appointed under the Act, or who fails to
produce any document demanded by him or prevents any worker from appearing
before an Inspector, such person may be punished with imprisonment up to 6
months or with fine up to Rs. 10,000/- or both.
7) Whoever fails to comply with or contravenes provisions regarding safety where
hazardous processes are carried on (Sec. 41-B, 41-C and 41-H) shall be punished
with imprisonment up to 7 years and fine up to Rs. 2 lacs.
8) If any worker contravenes any provision of the Act or the Rules or orders, he may be
punished with a fine up to Rs. 500/-
Cognizance: Sec. 105: An Inspector of Factories, or a person with the previous
sanction of an Inspector in writing, must file a complaint in order to enable a court to
take action against any offence under this Act.
No court below the court of a Metropolitan Magistrate or a Judicial Magistrate of the
First Class shall try any offence punishable under the Act.
Limitation: Sec. 106: The complaint must be filed within 3 months of the date when the
commission of the offence came to the knowledge of an Inspector. For disobeying a
written order of an Inspector, complaint can be filed within 6 months of the date when
the offence was committed.
Display of Notices: Sec. 108: In addition to notices required to be displayed in a
factory, a notice containing abstracts of the Act and the Rules made there under, shall
be displayed. Such notice shall be in English and in a language understood by the
majority of the workers, and shall be displayed in every factory at some conspicuous or
convenient place at or near the entrance. A notice containing the name and address of
the Inspector and certifying surgeon shall also be displayed in every factory in the same
manner.
Obligation of Workers: Sec. 111:
1) A worker shall not interfere with or misuse any appliance, convenience or other
things provided for the purpose of securing the health, safety or welfare of workers.
2) A worker shall not willfully or without reasonable cause do anything likely to
endanger himself or others.
3) A worker shall not willfully neglect to make use of any appliances or other things
provided for the purpose of securing the health, safety or welfare of workers.
If any worker contravenes the above provisions, he shall be punishable with
imprisonment up to 3 months or fine up to Rs. 100/- or with both.
Sec. 116 specifically states that unless otherwise provided, this Act shall apply to the
factories belonging to the Central or any State Government.
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