FACTORIES ACT, 1948

Introduction
→The Factories Act, 1948 enacted to regulate the working conditions in
factories.

→Factories Act is a social legislation and it provides for the health, safety,
welfare and other aspects of the workers in the factories.

→In short, the Act is meant to provide protection to the workers from being
exploited by the greedy business establishments and it also provides for the
improvement of working conditions within the factory premises.

→The main OBJECT of the Factories Act, 1948 is to ensure adequate safety
measures and to promote the health and welfare of the workers employed in
factories.

→The Act also makes provisions regarding employment of women and

young persons (including children and adolescents), annual leave with wages
etc.

→The Act extends to whole of India and came into effect from 01.04.1949
AND covers all manufacturing processes and establishments falling within
the definition of ‘factory’ as defined under Section 2(m) of the Act.

→It is also applicable to factories belonging to Central/State Governments.

IMPORTANT DEFINITIONS

i. Competent person (Section 2(ca)):

‘Competent person’ means
→a person or an institution recognized as such by the Chief Inspector
→for the purposes of carrying out tests, examinations and inspections
→required to be done in a factory under the provisions of this Act

ii. Factory
Section 2(m) defines the term ‘factory’ as any premises including the
precincts thereof-
 • whereon 10 or more workers are working, or were working on any day
of the preceding 12 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

• whereon 20 or more workers are working, or were working on any day

of the preceding 12 months, and in any part of which a manufacturing process
is being carried on without the aid of power, or is ordinarily so carried on, -

but does not include a mine subject to the operation of the Mines Act, 1952 or
a mobile unit belonging to the armed forces of the Union, a railway running
shed or a hotel, restaurant or eating place.

→For computing the number of workers for the purposes of this clause all the
workers in different groups and relays in a day shall be taken into account.

→The State Government may make rules relating to approval, licencing and
registration of factories and no factory can run without such licence or
approval. Power to delicence and deregister is also with the State
Government.

Exceptions
The following are not covered in the definition of factory
• Railway running sheds
• Mines
• Mobile units of armed forces
• Hotels, eating places or restaurants

iii. Manufacturing process (MG PP CS PS)

Section 2(k) defines the expression ‘manufacturing process’ as any process for-
• making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any
article or substance with a view to its use, sale, transport, delivery or disposal,
or
• pumping oil, water, sewage or any other substance or
• generating, transforming or transmitting power or
• composing types for printing, printing by letter press, lithography,
photogravure or other similar process or book binding; or
• constructing, reconstructing, repairing, refitting, finishing or breaking up ships
or vessels; or
 • preserving or storing any article in cold storage.

→There need not essentially be some kind of transformation of substance.

→‘manufacturing process’ does not depend upon and is not correlated with
any end product being manufactured out of a manufacturing process.

→The ‘manufacturing process’ cannot be interpreted in a narrow sense in

respect of an act which is meant for the purpose connected with the social
welfare.

→The following are not include in manufacturing process:-

• Exhibition of film process
• Institute imparting training, producing cloth, not with a view to its sale

iv. Hazardous Process

Section 2(cb) defines ‘hazardous process’ as any process or activity
→in relation to an industry specified in the First Schedule
→where, unless special care is taken, raw materials used therein or the
→intermediate or finished products, bye-products, wastes, or effluents thereof
would-
• cause material impairment to the health of the persons engaged in or
connected therewith, or
• result in the pollution of the general environment.

→The State Government may, by notification in the Official Gazette, amend

the First Schedule by way of addition, omission or variation of any industry,
specified in the said Schedule.

v. Worker
Section 2(l) defines the term ‘worker’ as
→a person employed, directly or by or through any agency (including a
contractor)
→with or without the knowledge of the principal employer,
→whether for remuneration or not,
→in any manufacturing process, or in cleaning any part of the machinery or
premises used for a manufacturing process, or
→in any other kind of work incidental to, or connected with, the manufacturing
process, or the subject of the manufacturing process
 →but does not include any member of the armed forces of the Union.

→Piece-rate workers are also included in workers but they must be regular
workers and the workers who works as per their will are excluded.
→Partners working in their establishment are not workers.

vi. Occupier
Section 2(n) defines the term ‘occupier’ of a factory as the person who has
ultimate control over the affairs of the factory.

• in the case of a firm or other association of individuals → any one of

the individual partners or members shall be deemed to be the occupier
• in the case of a company → any one of the directors shall be deemed to
be the occupier
• in the case of a factory owned or controlled by the Central
Government or any State Government, or any local authority → the person
or persons appointed to manage the affairs of the factory by the Central
Government, the State Government or the local authority, as the case may be,
shall be deemed to be the occupier

• in the case of a ship which is being repaired, or on which maintenance

work is being carried out, in a dry dock which is available for hire - the owner
of the dock shall be deemed to be the occupier

NOTICE BY OCCUPIER (SECTION 7)

1. The occupier shall 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 → (i)the name and situation of the factory,
(ii)the name and address of the occupier, owner, manager
(iii)the nature of manufacturing process to be carried on during next 12
months
(iv)the details of workers etc.
 2. Whenever a new manager is appointed,
→the occupier shall send to the Inspector a written notice and to the Chief
Inspector a copy thereof within 7 days from the date on which such person
takes over charge.

GENERAL DUTIES OF OCCUPIER (SECTION 7A)

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.

vii. Inspector (Section 8):

State Government may appoint such persons as possess the prescribed
qualification to be Inspectors for the purpose of this Act and may assign to them
such local limits as it may think fit.

Section 9 prescribes the Powers Of The Inspector as detailed below-

• to enter into any place which is used, or which he has reason to believe is
used as a factory
• make examination of the premises, plant, machinery, article or substance
• inquire into any accident or dangerous occurrence, whether resulting in
bodily injury, disability or not and take on the sport statements of any person
which he may consider necessary for such inquiry
• require the production of any document relating to factory
• take copies of any register, record or other documents of any portion thereof
as he may consider necessary
• to take possession of any article or substance or part thereof and detain it for
so long as is necessary for such examination
• to exercise such other powers as may be prescribed

viii. Certified surgeons (Section 10):

State Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of this Act within such local limits or for
such factory or class or description of factories as it may assign to them
respectively.

The DUTIES of certified surgeons are as follows-

• the examination and certification of young persons.
• the examination of person engaged in factories in such dangerous
occupations or processes as may be prescribed.
• the exercising of such medical supervision as may be prescribed for any
factory or class or description of factories, where-
→cases of illness have occurred which it is reasonable to believe are due to
the nature of the manufacturing process carried on, or other conditions of
work prevailing, therein
→by reason of any change in the manufacturing process carried on or in the
substances used therein or by reason of the adoption of any new
manufacturing process or of any new substance for use in a manufacturing
process, there is a likelihood of injury to the health of workers employed in
that manufacturing process
• young persons are, or are about to be, employed in any work which is likely to
cause injury to their health.

MEASURES FOR HEALTH, SAFETY AND WELFARE OF WORKERS

The Factories Act takes care of the workers in the following aspects-
• health of the workers in the working environment
• safety of the workers including in the hazardous process
• welfare of the workers
• working hours of adults
• employment of young persons
• Annual leave with wages

HEALTH (Chapter III of the Act) (AD CD VD LL OS)

The following are to be taken care of by the occupier of the factory:
• cleanliness
• disposal of waste and effluents
• ventilation and temperature
• dust and fume
• artificial humidification
• overcrowding
• lighting
• drinking water
• latrines and urinals
• spittoons

• Cleanliness (Section 11)

 →Every factory shall be kept clean and free from effluvia arising from any
drain, privy or other nuisance, and in particular-
• removal of accumulated dirt and refuse on floors, benches of workroom,
staircases and passages and effective disposal of the same
• cleaning of the floor of every workroom – once in every week by washing
with disinfectant or by some other effective method
• providing effective drainage for removing water to the extent possible

• Disposal of wastes and effluents (Section 12) effective arrangements shall

be made in every factory for the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render them innocuous, and
for their disposal.

• Ventilation and temperature (Section 13)

→effective and suitable provision shall be made in every factory for securing
and maintaining every workroom with adequate ventilation by the
circulation of fresh air and such a temperature as will secure to workers
therein reasonable conditions of comfort and prevent to health.

→In case of the work involves the production excessively high temperatures -
- adequate measures shall be taken to protect the workers by separating their
process which produces such high temperatures from the workroom by
insulating the hot parts or by other effective means.

• Dust and fume (Section 14)

→In every factory if there is given off any dust or fume or other impurity of
such nature in the process of manufacturing and
→it is likely to be injurious or offensive to the workers employed, any dust
in substantial quantities, offensive to the workers,
→effective measures shall be taken to prevent its inhalation and
accumulation in any work room.
→Exhaust appliance shall be applied as near as possible to the point of
origin of dust, fume or other impurity and such points shall be enclosed so far
as possible.

• Artificial humidification (Section15)

If the humidity of the air is artificially increased, the State Government may
make rules-
• prescribing standards of humidification.
 • regulating the methods used for artificially increasing the humidity of the air.
• directing prescribed tests for determining the humidity of the air to be
correctly carried out and recorded.
• prescribing methods to be adopted for securing adequate ventilation and
cooling of the air in the workrooms.

• Overcrowding (Section16)
→No room in any factory shall be overcrowded to an extent injurious to the
health of the workers employed therein.

→There shall be in every workroom in a factory at least 14.2 cubic meters of

space for every worker employed therein.

• Lighting (Section 17)

→In every part of a factory where workers are working or passing there shall be
provided and maintained sufficient and suitable lighting, nature or artificial
or both.
→All glazed windows and skylights used for the lighting shall be kept clean on
both the inner and outer surfaces and free from obstruction.
→Effective provisions shall be made for the prevention of glare, either directly
from a source of light or by reflection from a smooth or polished surface and the
formation of shadows to such an extent as to cause eye strain or the risk of
accident to any worker.

• Drinking water (Section 18)

→effective arrangements shall be made to provide and maintain at suitable
points conveniently situated for all workers employed a sufficient supply of
wholesome drinking water.
→Where more than 250 workers are employed provision shall be made for cool
drinking water during hot weather.
→The water points shall be away six meters from any washing place, urinal,
latrine, spittoon, open drain carrying sullage or effluent or any other source of
contamination.

• Latrines and urinals (Section 19)

In every factory-
• sufficient latrine and urinal accommodation of prescribed types shall be
provided conveniently situated and accessible to workers at all times
while they are at factory
 • separate enclosed accommodation shall be provided for male and female
workers
• they shall be adequately lighted and ventilated
• they shall be maintained in a clear and sanitary conditions at all times •
sweepers shall be employed to keep clean latrines, urinals and washing
places
→If there are more than 250 workers are employed all latrine and urinal
accommodation shall be of prescribed types.
→The flows and internal walls and the sanitary blocks shall be laid in glazed
tiles to provide a smooth polished impervious surface.
→The latrines and urinals shall be washed and cleaned at least once in
every seven days with suitable detergents or disinfectants or with both.

• Spittoons (Section 20)

There shall be provided a sufficient number of spittoons in convenient places and
they shall be maintained in a clean and hygienic condition.

SAFETY (Chapter IV of the Act) (WELCOMEE 2(F) 4 S 6 P R)

The factory is to take safety measures in respect of the following-
• Fencing of machinery
• Work on or near machinery in motion
• Employment of young persons on dangerous machines
• Striking gear and devices for cutting off power
• Self acting machines
• Casing of a new machinery
• Prohibition of employment of women and children near cotton openers
• Lifting machines, chains, ropes and lifting tackles
• Revolving machinery
• Floors, stairs and means of access
• Pits, sumps openings in floors etc.
• Excessive weights
• Protection of eyes
• Precaution against dangerous fumes, gases, etc.
• Precautions regarding the use of portable electric light
• Explosive or inflammable dust, gas etc.
• Precaution in case of fire
• Safety on buildings and machinery
• Maintenance of buildings
 • Appointment of Safety officers (SG directs an occupier of factory to
employ such number of safety officers as specified by- (i) where more
than 1000 workers are employed OR (ii) where manufacturing process
involves risk of bodily injury, poisoning or disease or any other hazard to
health of the persons employed.
→Duties, qualifications and working conditions may be prescribed by the SG)

HAZARDOUS PROCESSES
• 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 hazardous process or for the expansion of any such factory,
appoint a Site Appraisal Committee.

• The Site Appraisal Committee shall examine an application and make its
recommendation to the State Government within 90 days of the receipt of
such application.

• The Committee has the power to call for any information from the person
making an application.

• When the application is got approved by the State Government, it shall

not be necessary to obtain a further approval from the Central Board or
the State Board of pollution authorities.

Responsibility of the occupier in relation to hazardous process

The occupier has to follow the procedure-
• to lay down a detailed policy with respect to the health and safety of the
workers
• to disclose all the information regarding dangers including health hazards
and the measures to overcome such hazards
• to draw up an onsite emergency plan and detailed disaster control measures
for the factory and make known to the workers and to the general public
living in the vicinity of the factory, the safety measures required to be taken in
the event of accident taking place.
• to lay down measures for the handling usage, transportation and storage
of hazardous substances inside the factory premises and the disposal of such
substances outside the factory premises and publicize them in the manner
prescribed among the workers and the general public living in the vicinity.
Section 41C: Every occupier is having specific responsibilities in relation to
hazardous processes →
(i)He has to maintain the health records of the employees.
(ii)He is to appoint experienced persons who possess specified qualifications
in handling hazardous substances and competent to supervise such handling
within the factory.
(iii) He must provide for medical examination of every worker before
handling hazardous substance and while continuing in such job, and after he
has ceased to work in such job at intervals not exceeding 12 months, in such
manner as may be prescribed.

Powers of the Central Government

• Section 41D: The CG is having power to inquire to the standards of health
and safety observed in a factory.
→CG appoints an Inquiry Committee to inquire / advise into the standards of
health and safety and ascertain any failure in compliance of the provisions of
the Act.

• Section 41E: Where the CG is not satisfied with the standards of safety
which have been prescribed in respect of hazardous process, it may direct
the Director – General of Factory Advice Service or any institution
specified in matter to lay down emergency standards for enforcement of
suitable standards in respect of such hazardous processes.

• Section 41F: Provides for fixing the maximum permissible threshold

limits of exposure of chemical and toxic substances in manufacturing
process in any factory. (Second Schedule of the Act prescribes the
maximum limit)

• Section 41G: The occupier shall set up a Safety Committee consisting of

equal number of representations of workers and management →to
promote co-operation between the workers and the management in
maintaining proper safety and health at work and to review periodically
the measures taken in that effect. (RIGHT of workers working in
Hazardous Process)

• Section 41H: The workers have reasonable anxiety that there is a chance of
forthcoming danger to their lives or health due to accident, they may bring
the same to the notice of his occupier, agent, manager or any other person
who is in charge of the factory or the process.
 →It shall be the DUTY of such occupier, agent, manager or any other person
who is in charge of the factory or the process to take immediate remedial
action if any immitnent danger exists and send a report to the Inspector
having jurisdiction.

Penalty for contravention of the provisions relating to hazardous process

Section 96A : whoever fails to comply with or contraventions any of the
provisions of Section 41B, 41C or 41H or the rules made there under, shall, in
respect of such failure or contravention, be punishable with imprisonment for
a term which may extend to seven years and with fine which may extend to
Rs.2 lakhs

→in case of the failure or contravention continues, with additional fine which
may extend to Rs.5000/- for every day

→If the failure or contravention continues beyond a period of one year after
the date of conviction, the offender shall be punishable with imprisonment for
a term which may extend to 10 years.

WELFARE (Chapter V)
The following are the welfare measures prescribed in the Act to be provided by
the factory to their workmen-
• washing facilities
• facilities for storing and drying clothing
• facilities for sitting
• first aid appliances
• canteens
• shelters, rest rooms and lunchrooms
• crèches
• appointment of welfare officers. (Occupier of factory appoints welfare
officers where 500 or more workers are ordinarily employed.)

Washing facilities (Section 42):

→In every factory adequate and suitable facilities for washing shall be
provided and maintained for the use of the workers.
→Separate and adequately screened facilities shall be provided for the use of
male and female workers.
→The washing facility shall be conveniently accessible and shall be kept clean.

Facilities for storing and drying clothing (Section 43):

The State Government may, in respect of any factory make rules requiring the
provision therein of suitable places for keeping clothing not worn during
working hours and for the drying of wet clothing.

Facilities for sitting (Section 44):

Suitable arrangements for sitting shall be provided and maintained for all
workers obliged to work in a standing position, in order that they make
take advantage of any opportunities for rest which may occur in the course of
their work.

First aid appliances (Section 45):

→First aid appliances shall be provided and maintained so as to be readily
accessible during all working hours or cupboards equipped with the
prescribed contents and

→The number of such boxes or cupboards to be provided and maintained shall

not be less than for every 150 workers at any one time in the factory.

→Each first aid box or cupboard shall be kept in charge of a separate

reasonable person who holds a certificate in the first aid treatment
recognized by the State Government and he should always be readily
available during the working hours of the factor.

→In a factory where more than 500 workers are employed an ambulance of
the prescribed size containing the prescribed equipment, nursing staff etc., shall
be provided and made readily available at all times.

Canteens (Section 46):

→If more than 250 workers are employed in a factory → a canteen or
canteens shall be provided and maintained by the occupier for the use of the
workers.

→The items of expenditure in the running of the canteen which are not to be
taken into account in fixing the cost of foodstuffs shall be borne by the
employer.
 Shelters, rest rooms and lunch rooms (Section 47):
→If more than 150 workers are employed → adequate and suitable shelters
or rest rooms and a suitable lunch room with provision for drinking water
shall be provided and maintained for the use of the workers.

→The same shall be sufficiently lighted and ventilated and shall be

maintained in a cool and clean condition.

Crèches (Section 48):

→If more than 30 women workers are employed → there shall be provided
and maintained a suitable room for the use of children under the age of 6
years of such women.

→The same shall be adequately ventilated and shall be maintained in clear

and sanitary conditions and under the charge of women trained in the care of
children and infants.

→SG is empowered to make rules in respect of-

1. location of the creches
2. provisions of facilities for washing and changing clothes of children or
any other additional facility for their care.
3. Provisions of free milk or refreshment or both for children.
4. Facilities for the mothers of such children to feed them at suitable
intervals in factory.

Welfare Officers (Section 49):

If 500 or more than workers are employed in a factory → the occupier shall
employ in the factory such number of welfare officers as may be prescribed.

WORKING HOURS OF ADULTS

Working hours (Chapter VI of the Act)

This chapter provides for working hours in a day, weekly working hours,
weekly holidays, intervals for rest. Spread over of duty, night shift etc.,

Section 51: No adult worker shall be required or allowed to work in a factory

for more than 48 hours in any week.

Section 54: No adult worker shall be required or allowed to work in factory for
more than 9 hours in any day.

Section 55: the periods of work of adult workers in a factory each day shall be
so fixed that no period shall exceed 5 hours and that the worker shall work for
more than 5hours before he has had an interval for rest of at least half an
hour.

Section 56: the periods of work of an adult worker in a factory shall be so

arranged that inclusive of his intervals for rest, they shall not spread over
more than ten and half hours in any day.

Weekly holidays
Section 52: No adult worker shall be required or allowed to work in a factory
on the first day of the week i.e. Sunday (But for any special reasons, it
becomes necessary to make Sunday the working day, a substitutional
holiday is made compulsory) unless-
• he has or will have a holiday for a whole day on one of the 3 days
immediately before or after the said day and
• the manager of the factory, has, before the said day or the substituted day
whichever is earlier-
• delivered a notice at the office of the Inspector of his intention to require the
worker to work on the said day and of the day which is to be substituted; and
• displayed a notice to that effect in the factory.

Compensatory holidays
Section 53: If a worker is deprived of any of the weekly holidays → he shall
be allowed within the month in which the holidays were due to him or within
two months immediately following that month, compensatory holidays of
equal number to the holidays so lost shall be given.
Shift duty (Night shift)
Section 57: where a worker in a factory works on a shift which extends beyond
midnight-
• a holiday for a whole day shall mean in his case a period of 24
consecutive hours beginning when his shift ends
• the following day for him shall be deemed to be the period of 24 hours
beginning when such shift ends, and the hours he has worked after midnight
shall be counted in the previous day.

Section 58: the 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 kind at the same time.

Overtime
Section 59: where a worker works in a factory for more than 9 hours in any
day or for more than 48 hours in any week, he shall, in respect of the
overtime work, be entitled to wages at the rate of twice his ordinary rate of
wages.

The term ‘ordinary rate of wages’ is defined as the basic wages plus such
allowances, including the cash equivalent of the advantage accruing through
the concessional sale to workers of food grains and other articles, as the
worker is for the time being entitled to, but does not include a bonus and
wages for overtime work.

Double employment
Section 60: Imposes restriction → that 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 circumstances as may be
prescribed.

Penalty for permitting double employment of child

Section 99: 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 custody of or control over him or
obtaining any director benefit from his wages, shall be punishable with
fine which may extend to Rs.1000 UNLESS → it appears to the Court that
the child so worked without the consent or connivance of the parent,
guardian or person.
Register of adult workers
Section 62: a register of adult workers shall be maintained, showing-
• the name of each adult worker in the factory
• the nature of the work
• the group, if any, in which he is included
• where his group works on shifts, the relay to which he is allotted
• such other particulars as may be prescribed.

Employment of women
Section 66: The provisions of this Chapter shall, in their application to women
in factories, be supplemented by the following further restrictions-
• no exemption from the provisions of Section 54 may be granted in
respect of any woman
• woman shall not be allowed to work in any factory except between the
hours of 6 A.M. and 7 P.M.
• the State Government may authorize the employment of any women
between the hours of 10 PM and 5 A.M.
• there shall be no change of shifts except after a weekly holiday or any
other holiday.

EMPLOYMENT OF YOUNG PERSONS AND CHILDREN (Chapter VII

of the Act)

Prohibition of employment of young children Section 67: No child who has

not completed his 14th year shall be required or allowed to work in any
factory.

Section 68: A child who has completed his 14th year or an adolescent shall
not be allowed to work in any factory unless-
• a certificate of fitness granted is in the custody of the manager of the
factory and
• such child or adolescent carries while he is at work a token giving a
reference to such certificate.

Certificate of fitness: a certificate granted by a certifying surgeon certifying

that young person is fit for the work for which he is employed in a factory.

Section 69(1): a certifying surgeon shall, on the application of

→any young person or
→his parent or guardian or
→manager of factory

If the application is made by a person other than the manager, it must be

accompanied by a document signed by the Manager of a factory that such
person will be employed therein if certified to be fit for work in a factory.

Section 69(2): the certifying surgeon, after examination, may grant to such
young person, in the prescribed form or may renew-
▪ a certificate of fitness to work in a factory as a child, if he is satisfied
that the young person has completed his 14th year, that he has attained
the prescribed physical standards and that he is fit for such work

▪ a certificate of fitness to work in a factory as an adult, if he is satisfied

that the young person has completed his 15th year and is fit for a full
day’s work in a factory.

→The certificate granted by the certifying surgeon shall be valid for a period
12 months from the date of issue.

→He shall revoke any certificate granted or renewed if in his opinion the holder
of it is no longer fit to work in capacity stated therein in a factory.

→In case the certifying surgeon refuses to give certificate he has to give
reasons for the same.

→If a certificate is given under certain conditions, the young person shall
not be allowed in any factory except in accordance with those conditions.

→The occupier is to pay the fee for getting the certificate from the certifying
surgeon and the same shall not be recovered from the young person, his
parents or guardian.

Working hours for children

Section 71: No child shall be employed or permitted to work in any factory for
more than 4and a half hours in any day.

→He is not permitted to work in during night i.e 10 p.m and 6 a.m

→The period of work of all children employed in a factory shall be limited to

two shifts which shall not overlap or spread over more than 5 hours each.
→Each child shall be employed in only one of the relays which shall not,
except with the previous permission.

→No female child shall be allowed to work in any factory except between 8
A.M. and 7 P.M.

Register of child workers

Section 73: the Manager of every factor in which children are employed shall
maintain a register of child workers showing-
• the name of each child worker in the factory
• the nature of his work
• the group, if any, in which he is included
• where his group works on shifts, the relay to which he is allotted and
• the number of his certificate of fitness granted under Section 69.

Penalty for using false certificate of fitness

Section 98: A certificate of fitness granted to any person cannot be knowingly
allowed to be used or attempt to used by any other person.
→Any person who contravenes above provisions shall be punishable with
imprisonment for a term which may extend to 2 months or with fine which
may extend to Rs.1,000 or with both.

ANNUAL LEAVE WITH WAGES (CHAPTER VIII OF THE ACT)

Section 79: every worker who has worked for a period 240 days or more in a
factory during a calendar year beginning from 1st January, he shall be allowed
leave with wages for a number days calculated at the rate of-
• if an adult → one day for every 20 days of work performed by him
during the previous calendar year
• if a child → one day for every 15 days of work performed by him during
the previous calendar year.

→If a worker does not commence his services from 1st January, he is entitled
to get the leaves mentioned above only if he has worked for 2/3rd of total
number of days in the remaining part of the calendar year.

→These leaves are exclusive of all holidays.

→In calculating leave, fraction of leave of half a day shall be treated as one
full day’s leave and fraction of less than half a day shall be omittted.
→For computation of the period of 240 days or more, the following days are
included :-
• any days of lay off, by agreement or contract or as permissible under the
Standing Orders
• in the case of a female worker, maternity leave for any number of days not
exceeding 12 weeks and
• the leave earned in the year prior to that in which the leave is enjoyed

Accumulation or Carry forward of leave

→If a worker does not in any calendar year take the whole of the leave
allowed to him any leave not taken by him shall be carried over to the
succeeding year.

→The total number of leave that may be carried forward shall not exceed 30
days in the case of an adult or 40 in the case of a child.

→A worker, who has applied for leave with wages but has not been granted,
shall be entitled to carry forward the leave refused without any limit.

Availing of leave
→A worker may, at any time, apply in writing to the Manager not less than
15 days before the date on which he wishes his leave to begin, to take all the
leave or any portion thereof allowable to him during the calendar year.

→if the worker is employed in a public utility service → such application shall
be made not less than 30 days before the date on which he wishes his leave to
begin

→An application for leave shall not be refused unless refusal is in accordance
with the scheme for the time being in operation.

→The annual leave with wages cannot be availed for more than 3 times
during any year.

→The application to avail annual leave with wages for illness purposes can be
made at any time.
Wages during leave period
Section 80: a worker shall be entitled to full wages exclusive of any over time
and bonus but inclusive of dearness allowance and the cash equivalent of
the advantage accruing through the concessional sale to the worker of food
grains and other articles during the period of leave.

Advance payment
Section 81: a worker who has been allowed leave for not less than 4 days in
case of an adult and 5 days in the case of a child, shall, before his leave begins
be paid the wages due for the period of the leave allowed.

Encashment of leave
Section 79(3): if a worker is discharged or dismissed from services or quits his
employment or is superannuated or dies while in service, during the course of
the calendar year,
→he or his heir or nominee, shall be entitled to the wages in lieu of the
quantum of leave to which he was entitled immediately before such
termination of his services.
→Such payment shall be made before the expiry of the second working day
from the date of discharge, dismissal or quitting and where the worker is
superannuated or dies while in service, before the expiry of two months from
the date of such superannuation or death.

GENERAL PENALTY
Section 92: there is any contravention of any of the provisions of this Act or of
any rules made there under or of any order in writing given,
→the occupier and manager of the factory shall each be guilty of an offence
and
→punishable with imprisonment for a term which may extend to 2 years or
with fine which may extend to Rs.1 lakh or with both.
→If the contravention is continued after conviction, with a further fine which
may extend to Rs.1000/- for each day on which the contravention so continued.

▪ If the contravention resulted in an accident causing death or serious

bodily injury, the fine → shall not be less than Rs.25,000 in the case of an
accident causing death and Rs.5000 in the case of accident causing serious
bodily injury (permanent loss or permanent injury to any limb or sight or
hearing or the fracture of any bone).
Enhanced penalty
Section 94: if any person who has been convicted of any offence punishable
under Section 92 of the Act is again guilty of an offence involving a
contravention of the same provision → he shall be punishable on a subsequent
conviction with imprisonment for a term which may extend to 3 years or
with fine which shall not be less than Rs.10,000 but which may extend to Rs.2
lakhs or with both.

→The Court may for any special reasons recorded in writing → impose of a fine
of less than Rs.10,000/-.

Liability of owners
Section 93: where in any premises separate buildings are leased to different
occupiers for use as separate factories,
→the owner of the premises shall be responsible for the provision and
maintenance of common facilities and services, such as approach roads,
drainage, water supply, lighting and sanitation.

→The owners of the premises shall be liable as if they were the occupier or
manager of a factory for any contravention of the provisions of this Act.

Penalty for obstructing Inspector

Section 95 : Whoever-
• willfully obstructs an Inspector in exercise of any power conferred on him or
• fails to produce on demand any registers or other documents in his
custody before the Inspector or conceals or prevents any worker in a factory
from appearing before or → shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to Rs.10,000
or with both.

Section 96: Where any person wrongfully discloses the results → shall be
punishable with imprisonment for a term which may extend to six months or
with fine which may extend to Rs.10,000 or with both.

Offences by workers
Section 97: If any worker employed in a factory contravenes any provision of
this Act or any rules → he shall be punishable with fine which may extend to
Rs.500.