CHAPTER I

Section 1. Short title, extent and commencement. -

(1) This Act may be called the Factories Act, 1948.

(2) It extends to the whole of India

(3) It shall come into force on the 1st day of April, 1949.

Section 2. Interpretation.-

In this Act, unless there is anything repugnant in the subject or context,-

• (a) "adult" means a person who has completed his eighteenth year of age;
• (b) "adolescent" means a person, who has completed his fifteenth year of age but has not completed his eighteenth year;
• (bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;
• (c) "child" means a person who has not completed his fifteenth year of age;
• (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;
• (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 shift, 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 adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or
  • (ii) pumping oil, water, sewage, or any other substance; or
  • (iii) generating, transforming or transmitting power; or
  • (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding; or
  • (v) constructing, reconstructing,, repairing, refitting, finishing or breaking up ships or vessels; or
  • (vi) preserving or storing any article in cold storage ;
• (l) "worker" means a person 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 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 the Mines Act, 1952 (XXXV of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place;
  Explanation I.---For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account;
  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 if 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,

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 :

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, section 7A, section 7B, section 11 or section 12;
• (b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;
• (e) 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 ;

• (o) [Omitted];
• (p) "prescribed" means prescribed by rules made by the State Government under this Act;
• (q) [Omitted];
• (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 "group" or "relay" and each of such periods is called a "shift".

Section 3. Reference 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
• (c) permitting such time to be observed in all or any ofthe factories situated in the area.

Section 4. Power to declare different departments to be separate factories or two or more factories to be a single factory.-

The State Government may, on its own or on an application made in this behalf by an occupier, direct by an order in writing 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.

Provided that no order under this section shall be made bythe State Government on its own motion unless an opportunity of being heard is given to the occupier.

Section 5. Power to exempt during public emergency.-

In any case of a 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 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.

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 or internal disturbance.

Section 6. Approval, licensing and registration of factories.-

(1) The State Government may make rules-

(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 ;

• (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 applications for such permission the submission of plans and specificatioqns;
• (c) prescribing the nature of such plans and specifications and by whom they shall be certified;
• (d) requiring the registration and licensing offactories, or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;
• (e) requiring that no licence 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 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 from the date of such refusal, appeal to the Central Government if the decision appealed for was of the State Government, and to the State Government in any other case.

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 limils as may be prescribed, of the addition of any plant or machinery. 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 environment conditions from the evolution or emission of steam, heat or dust or Iumes which are injurious to health.

Section 7. Notice by occupier.-

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

• (a) the name and situation of the factory;
• (b) the name and address of the occupier;
• (bb) thc name and address of the owner of the premises or building (including the precincts thereof ) referred to in section 93;
• (c) the address io which communication relating to the factory may be sent;
• (d) the nature of the manufacturing process-
  • (i) carried on in the factory during the last twelve months in the case offactories 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;
• (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horsc power of any separate standby plant;
• (f) the name of the rnanager of the factory for the purposes of this Act;
• (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 a 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 sub-section (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 out for less than one hundred and eighty working days in the year, resumes working, thc occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) that least thirty days before the date of the commencement of work.

(4) Whenever a new manager is appointed, the cccupies shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.

(5) During a 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 manager, 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.