The Factories Act, 1948
The Factories Act, 1948
Introduction
The Factories Act, 1948 is a central legislation enacted by the Indian Parliament to regulate the working conditions in factories. It primarily aims to ensure the health, safety, welfare, and proper working hours of workers employed in factories. The Act is a key piece of labor legislation designed to protect workers from exploitation and hazardous working environments.
Objectives of the Factories Act, 1948
Ensure Safety: To provide safeguards against accidents and injuries.
Promote Health: To ensure clean and hygienic working conditions.
Regulate Working Hours: To prevent overwork and exploitation.
Provide Welfare Measures: Including facilities like drinking water, restrooms, and first aid.
Protect Child and Adolescent Labor: By regulating age and working hours.
Definition of Factory (Section 2(m))
A "Factory" under the Act means any premises where:
10 or more workers are working, and
A manufacturing process is being carried out, or
20 or more workers are working in a process of manufacturing, irrespective of power usage.
Key Provisions of the Factories Act, 1948
1. Health Provisions (Sections 11–20)
Cleanliness and disposal of wastes.
Ventilation and temperature control.
Dust and fume control.
Proper lighting arrangements.
Drinking water facilities.
Latrines and urinals.
Spittoons.
2. Safety Provisions (Sections 21–41)
Fencing of machinery.
Precautions in case of dangerous machines.
Work on or near machinery in motion.
Explosive or inflammable dust, gas, etc.
Safety measures for lifting machines.
Prevention of overcrowding.
Provision of adequate means of escape in case of fire.
3. Welfare Provisions (Sections 42–50)
Washing facilities.
Facilities for storing and drying clothes.
Restrooms or shelters.
Canteens (in factories employing more than 250 workers).
Crèches (for women workers with young children).
First-aid appliances.
4. Working Hours (Sections 51–58)
Limits daily working hours (usually 9 hours a day).
Weekly hours (not exceeding 48 hours).
Rest intervals.
Prohibition of overtime beyond specified limits.
Night shifts regulation.
Provisions for leave with wages.
5. Employment of Young Persons (Sections 59–66)
Minimum age of employment is 14 years.
Restrictions on working hours and hazardous work for young persons.
Mandatory certificates of fitness.
6. Annual Leave with Wages (Section 79)
Workers who have worked for at least 240 days are entitled to annual leave with wages.
7. Penalties (Sections 92–98)
Penalties for contravention of the Act's provisions.
Fines and imprisonment for employers violating the Act.
Enforcement and Authorities
The Act provides for the appointment of Inspectors, Certifying Surgeons, and Safety Officers to monitor compliance.
Inspectors have powers to enter factories, examine workers, inspect documents, and issue notices or penalties.
Important Case Law Related to The Factories Act, 1948
1. Workmen of Chawla Cotton Mills v. Chawla Cotton Mills Ltd. (1960 AIR 132)
Issue: Whether the management can force workers to work beyond prescribed hours without overtime payment.
Holding: The Supreme Court held that the provisions of the Act regarding working hours and overtime are mandatory and cannot be waived by agreement between employer and employee.
2. Dhananjay Mahapatra v. Union of India (1984 AIR 1514)
Issue: Safety measures in factories concerning hazardous processes.
Holding: The court held that factories employing hazardous processes must adhere strictly to safety regulations and the government has the authority to enforce strict compliance for worker protection.
3. Delhi Cloth & General Mills Co. Ltd. v. Their Workmen (1965 AIR 1118)
Issue: Whether workers are entitled to annual leave under the Act even during strikes or lockouts.
Holding: The court clarified that annual leave is a statutory right and cannot be denied on the ground of strikes or lockouts.
4. Hindustan Aeronautics Ltd. v. Their Workmen (1965 AIR 50)
Issue: The scope of “work on machinery in motion” and employer’s liability for accidents.
Holding: The Court held that strict safety precautions are required, and employers are responsible for ensuring machinery safety to prevent accidents.
Constitutional Validity
The Factories Act, 1948 is enacted under Entry 23 and Entry 24 of the Union List (List I) of the Seventh Schedule of the Constitution of India, which empower the Parliament to legislate on labor welfare and social security matters.
The Act has been upheld repeatedly by courts as a valid exercise of the Parliament’s legislative powers, balancing worker protection with industrial progress.
Summary
The Factories Act, 1948 provides a comprehensive legal framework for regulating the conditions of work in factories.
It covers health, safety, welfare, working hours, and employment of young persons.
The Act ensures workers’ rights and safety, making it mandatory for factory owners to comply.
Courts have consistently reinforced the Act’s provisions, emphasizing worker protection.
The Act has evolved with amendments to address modern industrial challenges but remains fundamental in Indian labor law.
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