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Factories act 1948

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The Factories Act, 1948 is an important law in India that regulates working conditions in factories. It aims to protect worker safety, health, and well-being. The Act also sets rules about work hours. It applies to factories with 10 or more workers using power, or 20 or more workers without power. The Factories Act covers things like breaks, leave, and child labor.

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Institution
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1911, andin by
hampered
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Organisation.
heth
1948 the
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View of the large and growing industrial activiies in the ACTORIES ACT, 1948 3
relating to factories was necessary. Hence the contrv aradical overhauling ot the a
Ihe Factories Act, 1948 came into force onFactories Act of 194%. actun
the 1st day of April, 1949. Its object is to retuz Nere
ihat there are prescribed number of workers working in any pa:t of the premises where the
cturing process.is being. carried on. man
the conditions of work in
factory as used in the Act. manufacturing establishments which come within the definition ot tne ten to Nere tact tihat power is used in a premises is not the deciding factor : the power used must be in he wa
The Act extends to the whole of India 2731 of the manuíacturing process [New Taj Mahal Hotel v. Inspector ofFactories, (1956) 1 bLJ
otherwise prosided, it also appies to factoriesincluding the State of Jammu and Kashrmir tas he fot 223.
(Sec. 116). belonging to the Central or any State Govermen ac he lollowing have
The Act was substantially amended in 1987. been eheld tobe factories :
Salt works,which consist merely of open stretches of large areas of land with some temporaryhlem
force with effect from 1st December, 1987 and Some provisions of the Amending Act came ind Rai sArdeshir A. Bhiwandiwala v. State of Bombay, A.l.R. (1962)S.C. 29).
others from Ia June, 1988.
Reference to Sections in this
Factories Act, 1948, unless otherwise Chapter. Reference to Sections in this Chapter is fo th h
indicated.
D) Railway workshops [Indar Singh v. Seczetaryof State, A.I.R. (1929) Lah. 573).
A premises where the manufacturing process is carried on with 7 persons employed puu
gpaeorplare thet tnentiy and persons employed temporarly in repairs of part of machinery |Hari Krishan & rott
WHAT IS A FACTORY ? defint nert. State, AI.R.. T1959) Al.1974). V
According to Sec. 2 (m), factory' meansudNtoecHneunhaid
any premises including the precincts for proper understanding of the meaning cf the term factory. the following three terms should c
(i) whereon 10 or more workers are thereoi
working or were working on any day of the preceaing 12 ariy unerstood :
months, and in any part of which a manufacturing process is being Manufacturing process [Sec. 2{k}]. It means any process for
power, or is ordinarty so caried on, or carried on with the aid of
(ii) whereon 20 or more workers are
ing.i naking.-altering, repairing, ornarnenting, finishing., packing, oiling. washing, cleaning,bLag
working or were working on any day of the io up. demolishing, or otherwisetreating.or adapting anyarticle or substance with a view to s w
months, and in any part of which a manufacturing process is precedirg esale, transpart, delivery or disposal, or psisw
power, or is ordinarily so carried on being carried on without the ad
The term 'factory does not inchude a mine subiject to nipumping oil, water, sewage, or any other substance, or
1952 or a mobile uni belonging to the armed forces of the the operationof theindian Mines AC 0 generating, transfoming or transmitting power,, or
hotel, restaurant or eating place. Union, arailway runningshed ta somnosing types for printing. printing by leter press, lithography, photogravure or other&i mla
In simple words, a factory is a premises process or book-binding, or
whereon 10 or more persons are constructirng, reconstructing, repairing, refitting, finishing, breaking-up ships orvessels, or
is used, or 20 or more persons are
engaged if power is not used, in a manufacturingengagedipoes
process.
For computing the number of workers, all the workers in Dpreserving or storing any article in cold storage.
shall be taken into account Exp. I to Sec. 2(m). different groups and relays in ads Some of the processes which have been held to be manufacturing processes are as follows:
For the purposes of Sec. 2 (m), the mere fact 2B:di making (Chintaman Rao v. State of M.P., (1962) S.C.J. 388).
Computer Unit is installed in any premises or part that
an Electronic Data Processing n t
3) Moulding and transformation of raw cinematogrphy ìlms into a tinished product |Gemini
factory f no manufacturing process is being carried onthereof, shall not be construed to make
in such premises or part therof it ot to v. State, (1952-53,4 F.J.R. 3291.
Sec. 2 (m)as introduced by the Amendment Act of Ip
1987]. OWork,done in a_salt work which consists of converting sea-water into salt (Ardeshir H.
Meaning of precincts. The definition of the tem factory in Sec. 2 (m) andiwala v. State of Bombay, A.l.R. (1962) S.C. 29).
which have precincts, as the expression used in the envisages prer
thereof. Precincts' are usualy understood as a space definition is 'premises including the pre 6Useseofof a a refrigerator for treating or adapting any article with a view to its sale (New Taj
are buildings, they would include precincts. What areenclosed by walls or fences. Where preit Ltd, v. Irspector of Factories, (1956) 1 L.L.J. 2731.
question of fact to bedetermined according the precincts of a particular premises
to the circumstances of each particuar çase.
'premises is not to be confined in its meaning to buildings alone. 1nev
Ca,D
oie) Work of composition in printing business(V.K. Press v. Authority, A.l.R. (1955) All. 702).
Use of electric motor for the purpoze of lifting or pumping water |Syed Moosa Kazimi v.
Example. A concrete apron of an airfield adioining a hangar used for testing planes Sherif,A.l.R. (1959) Mad. 542)
enclosed by a security fence. Held, the airfield fell within the meaning of the s) Process of rnoistening, stripping and pzcking of tobacco leaves [V.P. Gopala Rao v. Public
(Wells v. Weather Ground Mech. Co. Ltd., precindso p A.lLR.(1970)S.C. 66].
(1951) Al E.R. 588].
Whether any establishment is a factory. In order to determine ecato,
-is a factory, two things must be proved : whether any establsu fa petrol pump (Gateway Auto Seruices v. Regional Director, E.S.I. Corpn.,
(1). that a manufacturing process is being
carried on in any part of the premises
n)ab,ioG49)
SErdeciding whether a particular business is a manuíacturing process.or not, regard must be had
establishment ; and ie circunstances of each particular case. To constitute a manufacturing process, there must be
enstomation i.e.,the article must become.comnercially known as something different fromwhj
ai acguires its existence.

, 3
Sec.5jto
territory. months of of
Government request the ofapply
treated be
departmentsastfactory
heto or
cmployr:nent
Public latories mechanicallyprovisiontraining isfor worker shall or
topurposes factory are ihe workerbasis means
manutacturing Ceanin
other
employed gency
tor or
Exemption Different 3. (iii) getting (ii) (i) Rights order 3 (a) employer.not
at
workerany If (cObligations
) (b) WhetherRelationship 2.
thereof Powerrepresentthe to obain, months, wilfully
wilfully wilfully
for or that k1nd(ncludir.g
emergency a (Sec. get made under employed Work:r
for piece-rate
tirne from may, Government
occupier.singleState
imparted trainedtrained have of securingof the the
SOme
is ind ofall a
departments
branches transmitted
4).
theof to (Sec. protection from thereunder,
workers,
or
neglectpùrposesandinterfere particular the A a work of
threatened, during with process.
young or by The
for within
the employed worker relationship
control :vithout
art (Sec.
merssubjectnotification in the without of basis. in incidental of contractor) a
any factory.
State
The occupier 2.g)l). workers' a right fine the the of
and Inspector oftrainingoccupier, to workers master 2
persons). ofpubiic
hi s
the
to which
etc. healthmake of
with andmanufacturing
person
does A the
remuneration. (0).
to the he reasonable securing worker
whethergrave asuch It
is health factory in or
supevision of machineny to,
that
factory (Sec. may shall a oruse
provisions
emergency in separate of bemeans
not healthcentre
information factory misuse (Sec. not and or with A
conditions This tie 2 genefated a directly safety include a is master does worker
emergency factory
or or wherever 111-Aextend, be of the connected or
by of and 111). worker
exemption Official more electriçal safety or punishable any cau_e
healt., any servant.
and not orwithout
war Government the or contravenes of of an process premises But means
of may safety
institute, appliance
the arpliance, A include
occupier through relating as to do th e servant
or asGazette, this (Sec. factoriestheof factciies by the in possible, independentcontractor
introduced Rs. workersanythingsafety worker
depends he
the a
external wher the apply buman at employer. is The with,
may Act 5).
energy,
factoru. his work duly 100 with paid must anv knowledge must person
byState
excopt'Sec. may,antreated
by as
be to any or in expression the used be
exempt In to representative or imprisonment or a upon wages member
aggression the
Government
be
any or or or approved
the animal ; workrs to
or thereinotherconvenience
of likelywelfare factory manufacturingernployed
exist. for
for bywi th employed,
security 2 get the thing to the the
a any case occupier State or any the
botprovisions
h (Sec. or It of of
specified
67wnich agerncy. other
more himselfhealth
Amendment endanger of shall terms 'employed not
manufacturing
in
the
facto:v of writing,
order in
separate
Government by |Sec. 111(1)]). the make_ the
orof public specified for proyded workers not- or or of or armed principaladËrectly
internalIndia may factories form in th e
sponsored and other his Drocess,
manutacturing
the 111(2). term of himselfa contractno_difterence is
period
exceeanot paid
deals orynen
orthinkemergencýthe &ue To factories.
matter
Chiefsafety.at
Sec. in thing
coolies in
forces emplover. or
disturbanceB of class of_ Act therein the process,
or
in that Inspector which the between wages by INDUS
ERIALLAW
anytoimpOfit with toenergy by of 111 factory or or the
or açcedetothe thebeaS of work 198)
provided
others, ; servants
above of o
pat prohD descri applicar Hc inadequ the mayorary on
whethe subyect
the process,
dite ai detnition orD Hemayhrolot
may I ocrupr foihe himfineiatei Union.
where Evey exte and in out SOre otT
the who an the laany



BotiJtiaDay
BThe hich D2 bi4gisei Pne o
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olescent ad 7.UCy 5. ofThe
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the
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aton
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al FACTORIES
or Oo
1948
ACT,

First
tateu in Telation qualifications
be,
qualifications owner any
night [Sec. thereof raw or person', asin not (Sec. prescribed empowers
in
material such [Sec. M
chedule (Sec. person any Government the activity noted tor the of
omissionor material must completed only the
as 2 year. ofpollution would to by 2 [Sec. 2 th e
Official
may 2(e)]. hazardous impairment process aregard
that be the person (c)]. (a)]. wipurposes
th maintained
provisions
merates (f). infactory. and minimum the
It {Sec. (Sec. 2 relation and given relationto A 2 An th e de
bemeans It used Chief 'child' his (b)]. Gazette State
approvedmeans variation may, of more experience
[Sec. experience
to 'adult' aid emed
2d)! A(bb)]. It general therein the having Inspector. (Sec. 18th An of Government offor
Sanuat
a process' by to than means number of the the
the period to 2 conduct 'adolescent' means to
a notification the an
(cb) requiredto be any
2
year. his declare the
dustries period young of
environment. industryor one regard íamily, Act Act.
in means has any health of (ca) DEFINITIONS
a o
purposes
the as of provision person a of
writing oí industry introduced person ofthe the to The person workers.
even any Adukt
of 24 been intermediate such pe. as factory to
recognition
volving 7 means
hours person' a the in ofspecified person son introduced means Sc. though
establishment exempt
introduced or done of
for days period the the tests, of who who 85 education,
specificd
Official persons institution and a If (Sec.
beginning
beginning
ardous particula: a by employed
inexaminations in the has
person has
wil the the certain
of orthe thc the a
must
Act,_means not not number
12 Gazette,
by in finished facilities
factory by completed manufacturingcarrying 85).
engaged Amendment completed who apply. workshops
personwho months the the First
may be the Thetraining,
cesses. areamidnight.at at Amendment Schedulelwhere,
in under for
has of
midnight First products, such
beandavailable Amendment
the persons on State
amend person a completed his
by beginningScheduie. in recognised the hislbh process a research or
or Actinspections.
institution purposes 18th manufacturingGovernment workplaces
the the connected provisions.of employed
on either is by-products, of
his
at
aninstitttionNecrge or
year
or
Chief Act First 1987]. Act year his is
Saturday with disposal of of being retormation,
of unless as and 15th age.
child a the1987.Schedule therewith, competent carrying of of therein may, attached
Inspector
It facilities the 1987]. age. year carriedprocess
night lst special
wastes means
or
an or; Act. out age ot is byne 5
day by on o om
of ordglesent (a Ay pAons avauabli Ths bt
uch w a
shar
at

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Uploaded on
March 23, 2024
Number of pages
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Written in
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Type
Class notes
Professor(s)
Ms bharti
Contains
Bcom hons sem 2 factories act 1948

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