ACT NO. 63 OF 1948
[23 rd September, 1948.]
An Act to consolidate and amend the law regulating labour in factories.
WHEREAS it is expedient to consolidate and amend the law regulating labour in
factories;
It is hereby enacted as follows:--
CHAPTER I PRELIMINARY
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 3 References to time of day
Section 5 Power to exempt during public emergency
Section 6 Approval, licensing and registration of factories
CHAPTER II THE INSPECTING STAFF
Section 7A General duties of the occupier
Section 9 Powers of Inspectors
Section 10 Certifying surgeons
CHAPTER III HEALTH
Section 12 Disposal of wastes and effluents
Section 13 Ventilation and temperature
Section 15 Artificial humidification
Section 19 Latrines and urinals
CHAPTER IV SAFETY
Section 21 Fencing of machinery
Section 22 Work on or near machinery in motion
Section 23 Employment of young persons on dangerous machines
Section 24 Striking gear and devices for cutting off power
Section 25 Self-acting machines
Section 26 Casing of new machinery
Section 27 Prohibition of employment of women and children near cotton-openers
Section 29 Lifting machines, chains, ropes and lifting tackles
Section 30 Revolving machinery
Section 32 Floors, stairs and means of access
Section 33 Pits, sumps openings in floors, etc
Section 36 Precautions against dangerous fumes, gases, etc
Section 36A Precautions regarding the use of portable electric light
Section 37 Explosive or inflammable dust, gas, etc
Section 38 Precautions in case of fire
Section 39 Power to require specifications of defective parts or tests of stability
Section 40 Safety of buildings and machinery
Section 40A Maintenance of buildings
Section 41 Power to make rules to supplement this Chapter
CHAPTER IVA PROVISION RELATING TO HAZARDOUS PROCESSES
Section 41A Constitution of Site Appraisal Committee
Section 41B Compulsory disclosure of information by the occupier
Section 41C Specific responsibility of the occupier in relation to hazardous processes
Section 41D Power of Central Government to appoint Inquiry Committee
Section 41E Emergency standards
Section 41F Permissible limits of exposure of chemical and toxic substances
Section 41G Workers participation in safety management
Section 41H Right of workers to warn about imminent danger
CHAPTER V WELFARE
Section 43 Facilities for storing and drying clothing
Section 44 Facilities for sitting
Section 45 First-aid appliances
Section 47 Shelters, rest rooms and lunch rooms
Section 50 Power to make rules to supplement this Chapter
CHAPTER VI WORKING HOURS OF ADULTS
Section 53 Compensatory holidays
Section 58 Prohibition of overlapping shifts
Section 59 Extra wages for overtime
Section 60 Restriction on double employment
Section 61 Notice of periods of work for adults
Section 62 Register of adult workers
Section 63 Hours of work to correspond with notice under section 61 and register under section 62
Section 64 Power to make exempting rules
Section 65 Power to make exempting orders
Section 66 Further restrictions on employment of women
CHAPTER VII EMPLOYMENT OF YOUNG PERSONS
Section 67 Prohibition of employment of young children
Section 68 Non-adult workers to carry tokens
Section 69 Certificates of fitness
Section 70 Effect of certificate of fitness granted to adolescent
Section 71 Working hours for children
Section 72 Notice of periods of work for children
Section 73 Register of child workers
Section 74 Hours of work to correspond with notice under section 72 and register under section 73
Section 75 Power to require medical examination
Section 76 Power to make rules
Section 77 Certain other provisions of law not barred
CHAPTER VIII ANNUAL LEAVE WITH WAGES
Section 78 Application of Chapter
Section 79 Annual leave with wages
Section 80 Wages during leave period
Section 81 Payment in advance in certain cases
Section 82 Mode of recovery of unpaid wages
Section 83 Power to make rules
Section 84 Power to exempt factories
CHAPTER IX SPECIAL PROVISIONS
Section 85 Power to apply the Act to certain premises
Section 86 Power to exempt public institutions
Section 87 Dangerous operations
Section 87A Power to prohibit employment on account of serious hazard
Section 88 Notice of certain accidents
Section 88A Notice of certain dangerous occurrences
Section 89 Notice of certain diseases
Section 90 Power to direct enquiry into cases of accident or disease
Section 91 Power to take samples
Section 91A Safety and occupational health surveys
CHAPTER X PENALTIES AND PROCEDURE
Section 92 General penalty for offences
Section 93 Liability of owner of premises in certain circumstances
Section 94 Enhanced penalty after previous conviction
Section 95 Penalty for obstructing Inspector
Section 96 Penalty for wrongfully disclosing results of analysis under section 91
Section 96A Penalty for contravention of the provisions of sections 41B, 41C and 41H
Section 97 Offences by workers
Section 98 Penalty for using false certificate of fitness
Section 99 Penalty for permitting double employment of child
Section 101 Exemption of occupier or manager from liability in certain cases
Section 102 Power of Court to make orders
Section 103 Presumption as to employment
Section 104A Onus of proving limits of what is practicable, etc
Section 105 Cognizance of offences
Section 106 Limitation of prosecutions
Section 106A Jurisdiction of a court for entertaining proceedings, etc., for offence
CHAPTER XI SUPPLEMENTAL
Section 108 Display of notices
Section 109 Service of notices
Section 111 of Factories Act - Obligations of workers
Section 111A of Factories Act - Obligations of workers
Section 112 of Factories Act - General power to make rules
Section 113 of Factories Act - Powers of Centre to give directions
Section 114 of Factories Act - No charge for facilities and conveniences
Section 115 of Factories Act - Publication of rules
Section 116 of Factories Act - Application of Act to Government factories
Section 117 of Factories Act - Protection to persons acting under this Act
Section 118 of Factories Act - Restrictions on disclosure of information
Section 118A of Factories Act - Restriction on disclosure of information
Section 120 of Factories Act - Repeal and savings