40 The Factories Act 1948: Object, Key Definitions, Inspection Machinery, Health, Safety and Welfare Provisions, Working Hours, Young Persons, Annual Leave, Hazardous Processes and the OSH&WC Code 2020

40.1 The Backbone of Indian Factory Law

The Factories Act 1948 has been the central statute governing health, safety, welfare and conditions of work in Indian factories for more than seven decades. It consolidated and replaced earlier factories Acts of 1881, 1891, 1911, 1922, 1934 — and remained the model for occupational standards across industries until its provisions were folded into the Occupational Safety, Health and Working Conditions (OSH&WC) Code 2020. This chapter pulls together the Act’s scheme — definitions, inspection, health, safety, welfare, hours of work, employment of young persons, leave and penalties — and notes the changes brought by the Code.

40.2 1 · Object, Extent and Commencement

Object and Scope

Aspect	Detail
Year	1948
Commencement	1 April 1949
Object	To consolidate and amend the law regulating labour in factories — health, safety, welfare, working hours, employment of young persons, annual leave and penalties
Extent	The whole of India
Successor Code	OSH&WC Code 2020

The 1948 Act was enacted on the recommendation of the Labour Investigation Committee (Rege Committee, 1944) and informed by ILO standards.

40.3 2 · Key Definitions — Section 2

Section 2 — Important Definitions

Term	Section	Meaning (in essence)
Factory	2(m)	Premises where 10 or more workers are working (or were on any day of the preceding 12 months) and a manufacturing process is carried on with the aid of power; OR 20 or more workers working without the aid of power
Manufacturing process	2(k)	Process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating an article or substance
Worker	2(l)	A person employed, directly or by or through any agency (including a contractor), with or without the knowledge of the principal employer, in any manufacturing process — including ancillary work
Adult	2(a)	A person who has completed his 18th year of age
Adolescent	2(b)	A person who has completed 15 years but not 18 years
Child	2(c)	A person who has not completed his 15th year of age
Young person	2(d)	A person who is either a child or an adolescent
Occupier	2(n)	The person who has ultimate control over the affairs of the factory
Hazardous process	2(cb)	A process or activity in relation to an industry specified in the First Schedule, where, unless special care is taken, raw materials or intermediate or finished products or by-products would cause material impairment to the health of workers or pollution to the environment

PYQ trap — 10 / 20 worker thresholds

A factory under the 1948 Act = 10+ workers with power or 20+ workers without power. Under the OSH&WC Code 2020, these have been raised to 20+ with power and 40+ without. NTA stems routinely pair these two sets of thresholds.

40.4 3 · Approval, Licensing and Registration — Sections 6 to 7

Approval and Licensing

Section	Provision
6	Previous approval, licensing and registration of factories required
7	Notice by occupier before commencement — name, location, occupier, manager, manufacturing process, motive power, number of workers, etc.
7A	General duties of the occupier — ensure health, safety and welfare of all workers (added 1987)
7B	General duties of manufacturer / designer / importer / supplier of articles for use in factory (added 1987)

40.5 4 · Inspection Machinery — Sections 8 to 10

Inspection Machinery

Section	Provision
8	Inspectors — Chief Inspector, Additional Inspectors, Inspectors appointed by state government; powers to enter, examine, inspect, seize documents
9	Powers of inspectors
10	Certifying surgeons — to certify age and fitness of young persons; examine workers in hazardous processes

40.6 5 · Health Provisions — Sections 11 to 20

Chapter III on health prescribes minimum conditions of cleanliness, ventilation, lighting, drinking water and sanitation.

Health Provisions — Sections 11 to 20

Section	Provision
11	Cleanliness — accumulated dirt and refuse to be removed daily; floor washed weekly
12	Disposal of wastes and effluents
13	Ventilation and temperature — adequate fresh air; reasonable temperature; reduce excessive heat
14	Dust and fume — exhaust appliances; protection from inhalation
15	Artificial humidification — standards for industries (e.g., cotton textile) where artificial humidification is used
16	Overcrowding — at least 14.2 cubic metres (500 cubic feet) of space per worker
17	Lighting — sufficient and suitable; prevent glare
18	Drinking water — wholesome, near each working place; cool in hot weather where 250+ workers
19	Latrines and urinals — separate by sex; clean; well-lit
20	Spittoons — sufficient number; cleaned and disinfected

PYQ anchor — Section 16: 14.2 cubic metres per worker

Overcrowding under Section 16 — minimum 14.2 cubic metres (500 cubic feet) of space per worker. Frequently tested.

40.7 6 · Safety Provisions — Sections 21 to 41

Chapter IV on safety is the largest single chapter — covering machinery, manholes, lifts, hoists, pressure vessels, eye protection and emergency procedures.

Safety Provisions — Sections 21 to 41

Section	Provision
21	Fencing of machinery — every moving part to be securely fenced
22	Work on or near machinery in motion only by specially trained adult male workers
23	Employment of young persons on dangerous machines prohibited unless trained and supervised
24	Striking gear and devices for cutting off power
25	Self-acting machines — distance from traversing parts
26	Casing of new machinery
27	Prohibition of employment of women and children in cotton-openers
28-29	Hoists, lifts, lifting machines, chains, ropes and lifting tackles
30	Revolving machinery — maximum safe working peripheral speed
31	Pressure plant — safe working pressure
32	Floors, stairs and means of access — soundly constructed; properly maintained
33	Pits, sumps, openings — securely covered or fenced
34	Excessive weights — workmen not to be made to lift / carry weights likely to cause injury
35	Protection of eyes — goggles for processes involving risk of eye injury
36	Precautions against dangerous fumes — confined spaces
36A	Precautions against use of portable electric light
37	Explosive or inflammable dust, gas — practicable measures to prevent explosion
38	Precautions in case of fire — emergency exits; alarm; training
39	Power to require specifications of defective parts
40	Safety of buildings and machinery — Inspector’s powers to direct repairs
40A	Maintenance of buildings
40B	Safety officers — required in factories with 1,000+ workers or hazardous processes
41	Power to make rules to supplement these provisions

40.7.1 Chapter IV-A — Hazardous Processes (Sections 41A to 41H)

Inserted in 1987 after the Bhopal Gas Tragedy (1984), Chapter IV-A imposes additional duties for hazardous processes.

Chapter IV-A — Hazardous Processes (1987 amendment)

Section	Provision
41A	State Site Appraisal Committee to advise on grant of permission for site for hazardous-process establishments
41B	Compulsory disclosure of information by the occupier — including health and safety policy
41C	Specific responsibility of occupier in relation to hazardous processes
41D	Central government may appoint Inquiry Committee in case of extraordinary situation
41E	Power to impose emergency standards
41F	Permissible limits of exposure to chemical and toxic substances
41G	Workers’ participation in safety management — Safety Committee in factories with hazardous processes
41H	Workers’ right to warn about imminent danger to safety

PYQ anchor — Chapter IV-A added after Bhopal 1984

Chapter IV-A (Sections 41A-41H) — on hazardous processes — was inserted by the 1987 amendment following the Bhopal Gas Tragedy of 2-3 December 1984. NTA stems pair this with disclosure obligations under Section 41B.

40.8 7 · Welfare Provisions — Sections 42 to 50

Chapter V on welfare prescribes washing, storing, sitting, first-aid, canteen, shelter, crèche and ambulance facilities.

Welfare Provisions — Sections 42 to 50

Section	Provision	Threshold
42	Washing facilities — adequate and conveniently located	All factories
43	Facilities for storing and drying clothing	As prescribed
44	Facilities for sitting during work where workers ordinarily stand	As needed
45	First-aid appliances — one first-aid box for every 150 workers; ambulance room if 500+ workers	150 / 500
46	Canteen	250+ workers
47	Shelters, rest rooms and lunch rooms	150+ workers
48	Crèches — for children below six years of women workers	30+ women workers
49	Welfare officers	500+ workers
50	Power to make rules to supplement

Welfare Threshold Mnemonic

Crèche 30 women · First-aid 150 · Rest room 150 · Canteen 250 · Ambulance room and Welfare officer 500 · Safety officer 1000

40.9 8 · Working Hours — Sections 51 to 66

Chapter VI prescribes hours, rest intervals, weekly off, overtime and the prohibition of overlapping shifts.

Working Hours and Periods of Rest

Section	Provision
51	Weekly hours — no adult worker shall work for more than 48 hours in any week
52	Weekly holiday — first day of the week (Sunday) ordinarily; substitution allowed
53	Compensatory holidays — for missed weekly off
54	Daily hours — no adult shall be required to work more than 9 hours in any day
55	Intervals for rest — not more than 5 hours of continuous work without a rest break of at least half an hour
56	Spread-over — total spread of work hours including rest not to exceed 10.5 hours in any day
57	Night shifts — particular constraints on the calculation of “day”
58	Prohibition of overlapping shifts
59	Extra wages for overtime — at the rate of twice the ordinary rate of wages for any work in excess of 9 hours a day or 48 hours a week
60	Restriction on double employment
61	Notice of periods of work for adults — to be displayed
62	Register of adult workers
63	Hours of work to correspond with notice and register
64	Power to make exempting rules
65	Power to make exempting orders
66	Further restrictions on employment of women — no work between 7 p.m. and 6 a.m. under the original Act; later amendments permit night shifts subject to safeguards

PYQ anchor — Overtime at double the ordinary rate

Under Section 59, overtime is payable at twice the ordinary rate of wages. The trigger is work in excess of 9 hours a day or 48 hours a week.

40.10 9 · Employment of Young Persons — Sections 67 to 77

Young Persons — Sections 67 to 77

Section	Provision
67	Prohibition of employment of children below 14 years in any factory
68	Non-adult workers (15-18 years) must carry certificate of fitness issued by certifying surgeon
69	Certificate of fitness — fee paid by employer
70	Effect of certificate of fitness granted to adolescent
71	Working hours for children — adolescents (15-18) treated as adults if fit; if not fit, treated as children with restrictions
72	Notice of periods of work for children
73	Register of child workers
74	Hours of work to correspond with notice and register
75	Power to require medical examination
76	Power to make rules
77	Provisions of Sections 51-65 to apply with modifications

40.11 10 · Annual Leave with Wages — Sections 78 to 84

Annual Leave with Wages

Section	Provision
78	Application of Chapter VIII
79	Annual leave with wages — earned at: adult — 1 day for every 20 days worked; child — 1 day for every 15 days worked
80	Wages during leave period — based on average daily pay including dearness allowance
81	Payment in advance in certain cases
82	Mode of recovery of unpaid wages
83	Power to make rules
84	Power to exempt factories

40.11.1 Earned Leave — Eligibility

A worker is entitled to annual leave under Section 79 if he has worked at least 240 days in a calendar year.

40.12 11 · Special Provisions and Penalties

40.12.1 Chapter IX — Special Provisions

Section 87 — Dangerous operations — power to make special rules.
Section 88 — Notice of certain accidents — fatal accidents or accidents causing disability of more than 48 hours.
Section 88A — Notice of certain dangerous occurrences.
Section 89 — Notice of certain diseases (occupational diseases listed in the Third Schedule).
Section 90 — Power to direct inquiry into cases of accident or disease.

40.12.2 Chapter X — Penalties and Procedure

Penalties under the Factories Act 1948

Section	Offence	Punishment (original Act)
92	General offence by occupier or manager	Imprisonment up to 2 years and / or fine up to Rs 1,00,000 (after 1987 amendment)
96A	Offences causing death or serious bodily injury	Enhanced penalty
97-101	Specific offences	Various
105	Cognisance of offences	Only on inspector’s complaint within prescribed time
106	Limitation of prosecutions	Three months from the date the offence comes to inspector’s knowledge

40.13 12 · Schedules to the Act

Schedules

Schedule	Content
First Schedule	List of industries involving hazardous processes
Second Schedule	Permissible limits of exposure of chemical and toxic substances
Third Schedule	List of notifiable occupational diseases

40.14 13 · Position under the OSH&WC Code 2020

The OSH&WC Code 2020 subsumes the Factories Act 1948 with significant threshold changes.

Factories Act 1948 vs OSH&WC Code 2020

Provision	Factories Act 1948	OSH&WC Code 2020
Factory threshold	10 with power / 20 without	20 with power / 40 without
Working hours per day	9	8 (subject to state rules)
Working hours per week	48	48 retained
Overtime	2x ordinary rate	2x retained
Earned leave	1 day per 20 days worked	1 day per 20 retained
Women in night shifts	Restricted	Permitted with consent and safeguards
Single registration and return	Multiple	Single across multiple Acts
Hazardous processes (Chapter IV-A)	Retained substance	Carried forward with simplification
Penalties	Modest	Substantially enhanced

40.15 14 · Significance and Critique

First comprehensive statute consolidating Indian factory regulation.
Embedded health, safety and welfare as enforceable legal duties.
Created the occupational health framework subsequently extended through ESI, EPF and Workmen’s Compensation.
The 1987 amendment (post-Bhopal) made it among the more advanced industrial safety statutes globally.
Critique: high inspection burden, perceptions of harassment; thresholds left many small establishments unregulated; coverage of the unorganised sector remains limited.
OSH&WC Code 2020 raises thresholds — reducing the number of establishments covered — while simplifying compliance.

40.16 Practice Questions

Q 01 Threshold Easy

Under the Factories Act 1948, a factory using power must employ at least how many workers?

View solution

Correct Option: B

10+ with power; 20+ without power (Section 2(m)).

Q 02 Overcrowding Medium

Section 16 of the Factories Act 1948 mandates a minimum space per worker of:

A5 cubic metres
B9.9 cubic metres
C14.2 cubic metres (500 cubic feet)
D28.3 cubic metres

View solution

Correct Option: C

14.2 m³ / 500 cu ft per worker.

Q 03 Canteen Medium

A canteen under Section 46 is mandatory in a factory employing:

A100+ workers
B150+ workers
C250+ workers
D500+ workers

View solution

Correct Option: C

250+ workers.

Q 04 Crèche Medium

A crèche under Section 48 is required where the number of women workers is at least:

A10
B30
C50
D100

View solution

Correct Option: B

30+ women workers.

Q 05 Daily hours Easy

Under Section 54, the maximum daily working hours for an adult worker is:

View solution

Correct Option: B

9 hours; 48 hours per week (Section 51).

Q 06 Overtime Medium

Under Section 59, overtime wages are payable at:

A1.5 times ordinary rate
BTwice ordinary rate
C2.5 times ordinary rate
D3 times ordinary rate

View solution

Correct Option: B

Twice ordinary rate.

Q 07 Child Medium

Under Section 67, no child below which age may be employed in any factory?

A12 years
B14 years
C15 years
D18 years

View solution

Correct Option: B

Below 14 — Section 67.

Q 08 Earned leave Hard

Under Section 79, an adult earns annual leave at the rate of:

A1 day per 10 days worked
B1 day per 15 days worked
C1 day per 20 days worked
D1 day per 30 days worked

View solution

Correct Option: C

1:20 for adults; 1:15 for children.

Q 09 Adolescent Medium

"Adolescent" under Section 2(b) is a person who has completed:

A12 but not 15 years
B14 but not 18 years
C15 but not 18 years
D16 but not 21 years

View solution

Correct Option: C

15 to 18 years.

Q 10 Match Hard

Match the welfare provision with its threshold:

(i)	Crèche	(a)	150 workers
(ii)	Canteen	(b)	30 women workers
(iii)	Welfare officer	(c)	500 workers
(iv)	Rest room	(d)	250 workers

A(i)-(b), (ii)-(d), (iii)-(c), (iv)-(a)
B(i)-(a), (ii)-(b), (iii)-(c), (iv)-(d)
C(i)-(c), (ii)-(d), (iii)-(a), (iv)-(b)
D(i)-(d), (ii)-(a), (iii)-(b), (iv)-(c)

View solution

Correct Option: A

Crèche-30 women; Canteen-250; Welfare officer-500; Rest room-150.

Q 11 Spread-over Hard

Under Section 56, the total spread of work hours including rest interval cannot exceed:

A9 hours
B10.5 hours
C11 hours
D12 hours

View solution

Correct Option: B

10.5 hours spread-over.

Q 12 Rest interval Medium

Under Section 55, no worker shall work for more than how many continuous hours without a rest break?

View solution

Correct Option: B

5 hours; rest of at least half an hour.

Q 13 Chapter IV-A Hard

Chapter IV-A on hazardous processes was inserted by an amendment in:

A1976
B1982
C1987
D1996

View solution

Correct Option: C

1987 amendment — following Bhopal 1984.

Q 14 Safety officer Medium

Under Section 40B, safety officers are required in factories with at least:

A100 workers
B500 workers
C1,000 workers
D5,000 workers

View solution

Correct Option: C

1,000+ workers or hazardous processes.

Q 15 First Schedule Hard

The First Schedule to the Factories Act 1948 lists:

AOccupational diseases
BIndustries involving hazardous processes
CPermissible chemical exposure limits
DWelfare provisions

View solution

Correct Option: B

First Schedule — hazardous-process industries.

Q 16 240 days Hard

Eligibility for annual leave under Section 79 requires a worker to have worked at least:

A90 days in the calendar year
B180 days in the calendar year
C240 days in the calendar year
D300 days in the calendar year

View solution

Correct Option: C

240 days.

Q 17 Bhopal Medium

The Bhopal Gas Tragedy that catalysed the 1987 amendment occurred in:

A1976
B1984
C1987
D1991

View solution

Correct Option: B

2-3 December 1984 — Bhopal.

Q 18 First-aid Medium

Under Section 45, an ambulance room is required in factories employing:

A100+ workers
B250+ workers
C500+ workers
D1,000+ workers

View solution

Correct Option: C

500+ workers.

Q 19 OSH&WC threshold Hard

Under the OSH&WC Code 2020, a "factory" using power must employ at least:

A10 workers
B20 workers
C50 workers
D100 workers

View solution

Correct Option: B

Raised to 20 with power; 40 without power.

Q 20 Occupier Medium

"Occupier" of a factory under Section 2(n) is the person who has:

AUltimate control over the affairs of the factory
BJoined as a worker most recently
CLargest share in the company
DPermission of the trade union

View solution

Correct Option: A

Ultimate control — Section 2(n).

40.17 Quick Recall

Quick recall

Factories Act 1948 — central statute on health, safety, welfare, hours and leave in Indian factories; in force 1 April 1949; subsumed in OSH&WC Code 2020.
Factory definition (Section 2(m)): 10+ workers with power or 20+ workers without power. OSH&WC Code 2020 raises to 20+ with power / 40+ without.
Adult = 18+; Adolescent = 15-18; Child = below 15.
Section 16 — minimum 14.2 m³ (500 cu ft) per worker.
Health (Sections 11-20): cleanliness, ventilation, dust/fume, humidification, overcrowding, lighting, drinking water, latrines, spittoons.
Safety (Sections 21-41): fencing, hoists/lifts, eye protection, dangerous fumes, fire, Safety officers (Section 40B, 1,000+ workers).
Chapter IV-A (1987 amendment, post-Bhopal) — hazardous processes; Site Appraisal Committee, disclosure, exposure limits, Safety Committee.
Welfare thresholds — mnemonic: Crèche 30 women · First-aid 150 · Rest room 150 · Canteen 250 · Ambulance & Welfare officer 500 · Safety officer 1000.
Working hours: 9/day, 48/week; rest break after 5 continuous hours; spread-over 10.5 hours; overtime at twice the ordinary rate.
Section 67 — no child below 14 years in any factory.
Section 79 — earned leave: 1 day per 20 days for adults, 1 per 15 for children; eligibility: 240 days in calendar year.
Section 88 — notice of accidents; Schedule III lists occupational diseases.
Penalty under Section 92 — up to 2 years imprisonment + Rs 1 lakh fine (post-1987).
Three Schedules: First — hazardous-process industries; Second — exposure limits; Third — notifiable occupational diseases.
OSH&WC Code 2020 — raises factory threshold to 20/40; single registration; women in night shifts with consent; framework otherwise carried forward with enhanced penalties.