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THE FACTORIES ACT, 1948

ACT NO. 63 OF 1948 · Enacted [23rd September, 1948.] · 141 sections

PRELIMINARY

Section 1.Short title, extent and commencement.
Section 2.Interpretation.
Section 3.References to time of day.
Section 4.Power to declare different departments to be separate factories or two or more factories to be a single factory.
Section 5.Power to exempt during public emergency.
Section 6.Approval, licensing and registration of factories.
Section 7.Notice by occupier.

THE INSPECTING STAFF

Section 7A.General duties of the occupier.
Section 7B.General duties of manufacturers, etc., as regards articles and substances for use in factories.
Section 8.Inspectors.
Section 9.Powers of Inspectors.
Section 10.Certifying surgeons.

HEALTH

Section 11.Cleanliness.
Section 12.Disposal of wastes and effluents.
Section 13.Ventilation and temperature.
Section 14.Dust and fume.
Section 15.Artificial humidification.
Section 16.Overcrowding.
Section 17.Lighting.
Section 18.Drinking water.
Section 19.Latrines and urinals.
Section 20.Spittoons.

SAFETY

Section 21.Fencing of machinery.
Section 22.Work on or near machinery in motion.
Section 23.Employment of young persons on dangerous machines.
Section 24.Striking gear and devices for cutting off power.
Section 25.Self-acting machines.
Section 26.Casing of new machinery.
Section 27.Prohibition of employment of women and children near cotton-openers.
Section 28.Hoists and lifts.
Section 29.Lifting machines, chains, ropes and lifting tackles.
Section 30.Revolving machinery.
Section 31.Pressure plant.
Section 32.Floors, stairs and means of access.
Section 33.Pits, sumps openings in floors, etc.
Section 34.Excessive weights.
Section 35.Protection of eyes.
Section 36.Precautions against dangerous fumes, gases, etc.
Section 36A.Precautions regarding the use of portable electric light.
Section 37.Explosive or inflammable dust, gas, etc.
Section 38.Precautions in case of fire.
Section 39.Power to require specifications of defective parts or tests of stability.
Section 40.Safety of buildings and machinery.
Section 40A.Maintenance of buildings.
Section 40B.Safety Officers.
Section 41.Power to make rules to supplement this Chapter.

PROVISION RELATING TO HAZARDOUS PROCESSES

Section 41A.Constitution of Site Appraisal Committees.
Section 41B.Compulsory disclosure of information by the occupier.
Section 41C.Specific responsibility of the occupier in relation to hazardous processes.
Section 41D.Power of Central Government to appoint Inquiry Committee.
Section 41E.Emergency standards.
Section 41F.Permissible limits of exposure of chemical and toxic substances.
Section 41G.Workers’ participation in safety management.
Section 41H.Right of workers to warn about imminent danger.

WELFARE

Section 42.Washing facilities.
Section 43.Facilities for storing and drying clothing.
Section 44.Facilities for sitting.
Section 45.First-aid appliances.
Section 46.Canteens.
Section 47.Shelters, rest rooms and lunch rooms.
Section 48.Creches.
Section 49.Welfare officers.
Section 50.Power to make rules to supplement this Chapter.

WORKING HOURS OF ADULTS

Section 51.Weekly hours.
Section 52.Weekly holidays.
Section 53.Compensatory holidays.
Section 54.Daily hours.
Section 55.Intervals for rest.
Section 56.Spread over.
Section 57.Night shifts.
Section 58.Prohibition of overlapping shifts.
Section 59.Extra wages for overtime.
Section 60.Restriction on double employment.
Section 61.Notice of periods of work for adults.
Section 62.Register of adult workers.
Section 63.Hours of work to correspond with notice under section 61 and register under section 62.
Section 64.Power to make exempting rules.
Section 65.Power to make exempting orders.
Section 66.Further restrictions on employment of women.

EMPLOYMENT OF YOUNG PERSONS

Section 67.Prohibition of employment of young children.
Section 68.Non-adult workers to carry tokens.
Section 69.Certificates of fitness.
Section 70.Effect of certificate of fitness granted to adolescent.
Section 71.Working hours for children.
Section 72.Notice of periods of work for children.
Section 73.Register of child workers.
Section 74.Hours of work to correspond with notice under section 72 and register under section 73.—.
Section 75.Power to require medical examination.
Section 76.Power to make rules.
Section 77.Certain other provisions of law not barred.

ANNUAL LEAVE WITH WAGES

Section 78.Application of Chapter.
Section 79.Annual leave with wages.
Section 80.Wages during leave period.
Section 81.Payment in advance in certain cases.
Section 82.Mode of recovery of unpaid wages.
Section 83.Power to make rules.
Section 84.Power to exempt factories.

SPECIAL PROVISIONS

Section 85.Power to apply the act to certain premises.
Section 86.Power to exempt public institutions.
Section 87.Dangerous operations.
Section 87A.Power to prohibit employment on account of serious hazard.
Section 88.Notice of certain accidents.
Section 88A.Notice of certain dangerous occurrences.
Section 89.Notice of certain diseases.
Section 90.Power to direct enquiry into cases of accident or disease.
Section 91.Power to take samples.
Section 91A.Safety and occupational health surveys.

PENALTIES AND PROCEDURE

Section 92.General penalty for offences.
Section 93.Liability of owner of premises in certain circumstances.
Section 94.Enhanced penalty after previous conviction.
Section 95.Penalty for obstructing Inspector.
Section 96.Penalty for wrongfully disclosing results of analysis under section 91.
Section 96A.Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.
Section 97.Offences by workers.
Section 98.Penalty for using false certificate of fitness.
Section 99.Penalty for permitting double employment of child.
Section 100.[Repealed.]
Section 101.Exemption of occupier or manager from liability in certain cases.
Section 102.Power of Court to make orders.
Section 103.Presumption as to employment.
Section 104.Onus as to age.
Section 104A.Onus of proving limits of what is practicable, etc.
Section 105.Cognizance of offences.
Section 106.Limitation of prosecutions.
Section 106A.Jurisdiction of a court for entertaining proceedings, etc., for offence.

SUPPLEMENTAL

Section 107.Appeals.
Section 108.Display of notices.
Section 109.Service of notices.
Section 110.Returns.
Section 111.Obligations of workers.
Section 111A.Right of workers, etc.
Section 112.General power to make rules.
Section 113.Powers of Centre to give directions.
Section 114.No charge for facilities and conveniences.
Section 115.Publication of rules.
Section 116.Application of Act to Government factories.
Section 117.Protection to persons acting under this Act.
Section 118.Restrictions on disclosure of information.
Section 118A.Restriction on disclosure of information.
Section 119.Act to have effect notwithstanding anything contained in Act 37 of 1970.
Section 120.Repeal and savings.