The Factories Act

5*(ca) "competent person", in relation to any provision of this Act, means a person or an institution recognised 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 having regard to –

(i) the qualifications and experience of the person and facilities available at his disposal; or

(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, With regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory;

(cb) "hazardous process" means 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 –

(i) cause material impairment to the health of the persons engaged in or connected therewith, or

(ii) result in the pollution of the general environment :

Provided that 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;

d) "young person" means a person who is either a child or an adolescent;

------------------------------------------------------------------------------------------

1. The Act has been extended to

Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.

Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I.

Goa, Daman and Diu by Reg, 11 of 1963, s. 3 and Sch.

Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965,s. 3 and Sch. I.

2. Subs. by the A. O. 1950 for the former sub-section.

3. The words "except the State of Jammu and Kashmir" omitted by Act of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).

4. Ins. by Act 25 of 1954, s. 2.

5. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).

------------------------------------------------------------------------------------------

e) "day" means a period of twenty-four hours beginning at midnight;

f) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories;

g) "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

h) "prime mover" means any engine, motor or other appliance which generates or otherwise provides power;

i) "transmission machinery" means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance;

j) "machinery" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied;

k) "manufacturing process" means any process for-

(i) 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

1*(ii) pumping oil, water, sewage or any other substance; or

(iii) generating, transforming or transmitting power; or

2*[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding;] 3* [or]

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; 3* [or]

------------------------------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) of clause (k) (w.e.f. 26-10-1976).

2. Subs. by Act 25 of 1954, s. 2, for former sub-clause.

3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

------------------------------------------------------------------------------------------

1*[(vi) preserving or storing any article in cold storage;]

l) "worker" means a person 2*[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 1*[but does not include any member of the armed forces of the Union];

m) "factory" means any premises including the precincts thereof –

(i) whereon ten 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 twenty 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 without the aid of power, or is ordinarily so carried on,- but does not include a mine subject to the operation of

3*[the Mines Act, 1952 (35 of 1952),] or 4*[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place].

5*[Explanation. 6*[I]--For computing the number of workers for the purposes of this clause all the workers in 6*[different groups and relays] in a day shall be taken into account;]

6*[Explanation. II.--For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory f no manufacturing process is being carried on in such premises or part thereof;]

n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory 6***.

------------------------------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

2. Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976).

3. Subs. by Act 25 of 1954, s. 2, for "the Indian Mines Act, 1923 (4 of 1923)".

4. Subs. by Act 94 of 1976, s. 2, for the words "a railway running shed: (w.e.f. 26-10-1976).

5. Ins. by s, 2, ibid. (w.e.f. 26-10-1976).

6. Numbered, subs, ins. and omitted by Act, 20 of 1987, s. 2 (w.e.f. 1-12-1987).

------------------------------------------------------------------------------------------

1*[Provided that-

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;

(iii) 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:];

1*[Provided further that 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,-

(1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under-

(a) section 6, section 7, 1*[section 7A, section 7B] section 11 or section 12;

(b) section17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;

(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance;

(2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to -

(a) the workers employed directly by him, or by or through any agency; and

(b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person;]

1* * * * *

------------------------------------------------------------------------------------------

1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87).

------------------------------------------------------------------------------------------

(p) "prescribed" means prescribed by rules made by the State Government under this Act;

1* * * * *

(r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a 2*["group" or "relay"] and each of such periods is called a "shift".

3. References to time of day.

In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time:

Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules –

(a) specifying the area,

(b) defining the local mean time ordinarily observed therein, and

3*[4. Power to declare different departments to be separate factories or two or more factories to be a single factory.

The State Government may, 4*[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing; 4*[and subject to such conditions as it may deem fit] that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:]

4*[Provided that no order under this section shall be made by the State Government on its own motion unless on opportunity of being heard is given to the occupier.]

Top

Power to exempt during public emergency

5. Power to exempt during public emergency.

In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act, 5*[except section 67] for such period and subject to such conditions as it may think fit:

Provided that no such notification shall be made for a period exceeding three months at a time.

------------------------------------------------------------------------------------------

1. Clause (q) rep. by the A. O. 1950.

2. Subs, by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).

3. Subs. by Act 25 of 1954, s. 3.

4. Ins. in added by Act 20 of 1987 s. 3 (w.e.f. 1-12-1987).

5. Ins. by the A. O. 1950.

------------------------------------------------------------------------------------------

1*[Explanation.- For the purposes of this section "public emergency" means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression of internal disturbance.]

Top

Approval, licensing and registration of factories

6. Approval, licensing and registration of factories.

(1) The State Government may make rules –

2*[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;]

3*[(aa)] requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;

(b) requiring for the purpose of considering application for such permission the submission of plans and specifications;

(d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licenses;

(e) requiring that no license shall be granted or renewed unless the notice specified in section 7 has been given.

(2) If on an application for permission referred to in 4*[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.

(3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

------------------------------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).

2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).

3. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-10-1976).

4. Subs. by s. 4, ibid., "clause (a)" (w.e.f. 26-10-1976).

------------------------------------------------------------------------------------------

Explanation.- A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery 1*[if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health].

7. Notice by occupier.

(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, sent to the Chief Inspector a written notice containing –

(a) the name and situation of the factory;

(b) the name and address of the occupier;

2*[(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;]

(d) the nature of the manufacturing process –

(i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and

(ii) to be carried on in the factory during the next twelve months in the case of all factories;

3*[(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;]

(f) the name of the manage of the factory of the purposes of this Act;

------------------------------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).

2. Ins. by Act 25 of 1954, s. 4

3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-1976).

------------------------------------------------------------------------------------------

(g) the number of workers likely to be employed in the factory;

(h) the average number of workers per day employed during the last twelve months in the case of factory in existence on the date of the commencement of this Act.

(i) such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (1) within thirty days, from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) 1*[at least thirty days] before the date of the commencement of work.

(4) Whenever a new manager is appointed, the occupier shall send to the 2*[Inspector a written notice and to the Chief Inspector a Copy thereof] within seven days from the date on which such person takes over charges.

(5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manage, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

CHAPTER II

THE INSPECTING STAFF

General duties of the occupier

3*7A. General duties of the occupier.

(1) 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.

(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include –

(a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;

(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;

(d) the maintenance of all places of work in the factory in a condition that is safe without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;

(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.

(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.

Top

General duties of manufactures, etc., as regards articles and substances for use in factories

4*7B. General duties of manufactures, etc., as regards articles and substances for use in factories.

(1) Every person who designs, manufactures, imports or supplies any article for use in any factory shall –

(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;

(b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);

(i) in connection with the use of the article in any factory;

(ii) about the use for which it is designed and tested; and

(iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers:

Provided that where an article is designed or manufactured outside India, is shall be obligatory on the part of the importer to see –

(a) that the article conforms to the same standards if such article is manufactured in India, or

(b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.

(2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view of the discovery and, so far as is reasonably practicable, the elimination or minimization of any risks to the health or safety of the workers to which the design or article may give rise.

(3) Nothing contained in sub-section (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.

(4) Any duty imposed on any person by sub-section (1) and (20 shall extend only to things done in the course of business carried on by him and to matters within his control.

(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the term of the undertaking.

(6) For the purposes of this section, and article is not to be regarded as properly used if it is used without regard