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The Factories Act 1948 in India, has been enacted to ensure adequate safety measures for the workers and employees of a workplace that comes under the ambit of a Factory and to promote the health and safety of the workers. The Factories Act is one of the key legislations under the employment and labour laws in India, and this makes it important to have a thorough knowledge of the Act. This guide discusses the key provisions of the Factories Act 1942.
A factory means any premise which includes the following:
It doesn’t include a mine subject to the provisions of the Mining Act or
the mobile units which belong to the Armed Forces of the Union, railway running
shed or a hotel, restaurant or eating place.
A manufacturing process under the Factories Act 1948 is defined as any process relating to the following activities:
A State Government has the authority to make rules relating to factories that operate within its territories. Each factory that requires registration under the Factories Act 1948 needs to apply for the following:
Prior consent of the State Government/ Chief Inspector is required for
the premises for establishing the factory or
doing any construction or extension of factories.
The applicant may submit the plan of any class or description of factories to the Chief Inspector or the State Government. Specification of project needs to be submitted along with the nature of such a plan, confirming by whom that need to be certified.
The necessary fees in this regard shall be payable for such registration
and licensing and the renewal of licenses.
The occupier is required to give a minimum of fifteen days before the occupier can begin to occupy or use any premises as a factory. The occupier is required to send the Chief Inspector a written notice containing the following particulars as per the Factories Act.
If the application has been submitted to the state government or chief
Inspector by registered post and no order has been received from them within
three months of filing the request, then it has deemed approval if the
applicant has also submitted the plan.
The Factories Act 1948 covers the following points from the perspective of workers:
All about the Labor Laws: Employment Laws that you Must Know.
A practical arrangement shall be made to arrange for the disposal of
waste and Effluent.
Further, where the nature of work engaging in the production of
excessively high temperature, appropriate measures shall be taken to protect
the interest of the workers from such conditions by separating the process from
the workroom which produces such heat or by installing the hot parts or other
effective means so that the room temperature shall be maintained.
In case the factory is providing artificial humidification, the State
Government may make rules for:
All glass windows and skylights used
for providing the natural lighting to the workroom shall be kept clean from all
In every factory, adequate provisions shall be made to prevent:
Sufficient number of spittoons should be
provided, which must be clean and hygienic.
An application under the Factories Act can be made by an occupier to the state government and every occupier in India is required to adhere to the compliances laid down under the Factories Act 1948. Further, an occupier is required to mandatorily ensure the health, safety, welfare, working hours, annual leave with wages as per the Factories Act 1948. Non-compliance with the provisions of the Act shall be treated as the violation of the Act and stringent punishment may be imposed in such regard.
See Our Recommendation: A Review of the Code on Wages, 2019.
Bhawna Dang is a competent and skilled professional, holding an educational background in M. Com, Company secretaryship and LL. B. She holds ample experience of 4 years working as an Advisory Associate with a blend of corporate background. She has extensive knowledge in handling matters relating to Reserve Bank of India and has also worked on various secretarial and listing compliances of corporates.
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