What is the Factories Act 1948?

The Factories Act 1948 sought to improve the working conditions of Indian industry workers in these industries. Its objective was to raise worker welfare by establishing new regulations for health and safety, among other things. There had been no specific statutes before this that discussed the proper working conditions in industries.

Following independence, India chose a mixed-economy structure. Encouragement was given to both the public and private sectors.

The government classified industrial parts into four types:

• Public sector industries
• Public cum private sector industries
• Controlled private industries
• Private Industries

Globalization helped industries grow. This increased industry number further raised the need for the safety of workers. It proved the significance of the Indian Factories Act. The act also reduced the number of accidents and exploitation occurring in factories.

They modified the definition and provisions of the Factories Act 1948 multiple times. It kept the law relevant despite the times that were changing. Even now, this act is a crucial law.

Defining a Factory: The Factories Act, 1948

The Factories Act, of 1948, clearly defines what constitutes a “factory” under its regulations. Here’s a breakdown:

A place qualifies as a factory if it meets EITHER of these conditions:

1. Power-Assisted Manufacturing:
   • Employs 10 or more workers (currently or within the last year)
   • Engages in some form of manufacturing (any process that changes raw materials into finished products)
   • Uses power (electricity, machinery, etc.) for this manufacturing process, either currently or habitually.
2. Non-Power-Assisted Manufacturing with Higher Workforce:
   • Employs 20 or more workers (currently or within the last year)
   • Engages in some form of manufacturing
   • Does NOT use power for the manufacturing process, either currently or habitually.

Important Exclusions:

• Places covered under the Mines Act, of 1952 (e.g., mines)
• Mobile units belonging to the Indian Armed Forces
• Railway running sheds
• Hotels, restaurants, and eating places

By understanding these criteria, you can determine whether a specific workplace falls under the jurisdiction of the Factories Act.

Understanding the Factories Act 1948

The Indian Factories Act of 1948 laid down regulations for better working conditions. Many acts mentioned something about work culture before 1948.  Let’s know about the same.

History and Evolution of Indian Factories Act 1948

The Indian Factories Act of 1948 has its origins in the Industrial Revolution. The Factory Act of 1881 was the first to investigate the working conditions of minors. It created policies such as child labor, working hours, vacations, and rest periods. This law had no significant impact.

It resulted in the passage of the Factory Act of 1891. The verdict addressed factory registration. It further stated that factories had to report on their actions. This statute addressed the working conditions of women and children. After 1891, they introduced the Factories Act 1948, and it underwent further evolution and amendments in 1987, 1996, and 2014.

ACT 63 OF 1948

The Factories Bill having been passed by the Legislature received the assent on 23rd September 1948. It came into force on 1st April 1949 as THE FACTORIES ACT, 1948 (63 of 1948).

Key Objectives of the Factories Act

• The fundamental goal of the Indian Factory Act of 1948 was to enhance factory working conditions. The statute had numerous clauses.
• They limited working hours to 48 hours each week, for example.
• They also instructed factories to provide a safe working environment with sufficient drainage, lighting, and other amenities. It is to protect the workers’ health.
• They implemented facilities for fence machines to enhance worker safety.

Impact and Contribution to Industrial Growth

The various objectives of the Factories Act of 1948 made it mandatory for factories to maintain a certain standard of cleanliness, hygiene, and safety. The safe and healthy environment creation helped increase the productivity of workers.

It was also helpful in enhancing the efficiency of factories. Furthermore, the number of accidents and fatalities has decreased.

Indian Factory Act 1948: A Historical Perspective

As discussed above, factories in 1948 had some predecessors. Let’s have a look.

Factory Act 1881

This Act of 1881 was introduced under the leadership of Lord Ripon. In July 1881, they enforced this act across British India.

Its main clauses were as follows:

• Restricting children under seven from work
• Fixation of working hours for children: 9–10 hours a day.
• Children must have at least four holidays in a month.
• Fencing of machines

Factories Act 1891

• This act was known for fixing working hours.
• Children below nine were not allowed to work.
• Children between 9 and 14 were allowed to work only for 7 hours a day.
• Women were allowed to work for nine hours a day.
• Weekly offs were introduced.

Why Comprehensive Regulation

Following these two acts, they introduced the Factory Act of 1934. It mentioned some crucial issues like safety, health, hygiene, etc.; however, it failed to address the path to do the same. It called for more comprehensive industrial regulation, leading to the introduction of the Factories Amendment Bill in 1948. The official Factories Act 1948 definition came into force in 1949.

Factors Responsible for the Act’s Provisions

The Factories Act came into force in 1949. However, the failure and success of the predecessor act to 1948 played an influential role in the final design of the 1948 act. Some other factors that shaped the Act include:

1. The Need to Protect Workers

The excessive exploitation of factory workers was one of the primary reasons for the 1948 Act introduction.

2. The Need to Promote Industrial Growth

The act understood the importance of industrial growth for a country. This understanding helped create an environment that could boost the industry’s growth and productivity.

3. Worker’s Welfare

Workers’ welfare was an essential factor in shaping the act’s provisions. That is why they introduced provisions like leaves, holidays, and working hours.

Aims and Objectives of the Factories Act 1948:

The definition of a factory under the Factories Act 1948 is any premise that has ten or more ten members. Such organizations should follow some important provisions to ensure worker’s safety.

●     Ensuring Occupational Safety and Health

1. The act asks all factories to be clean and hygienic.
2. In addition, they shall have proper drainage, lighting, and ventilation.
3. The machinery being used in factories should be safe and should have guards wherever needed.
4. In a hazardous environment, workers shall be provided with safety equipment like helmets, gloves, and goggles.

●     Regulating Working Conditions and Hours

1. The total number of working hours for an individual should not be more than 48 hours a week.
2. A worker should not work more than nine hours a day.
3. Proper interval periods shall be given to workers.
4. Workers should not be overworked.

●     Promoting Welfare Measures for Factory Workers

1. Every factory shall have proper restrooms, lunch rooms, and other important facilities.
2. All the rooms will have proper lighting and ventilation.
3. Rooms need to be clean.
4. Safety equipment will also be provided.

They have regularly amended the definition of the factory under the Factories Act 1948 to keep it updated with modern needs.

Advantages of Factories Act, 1948

• Safeguarding Health and Safety: The Act prioritizes a healthy work environment. It mandates proper ventilation, lighting, cleanliness, and measures to prevent hazardous processes, reducing risks and promoting worker well-being.
• Ensuring Basic Welfare: Beyond safety, the Act mandates the provision of essential facilities like canteens, restrooms, and first-aid, ensuring workers have access to necessities and a modicum of comfort during their workday.
• Regulating Work Hours: By setting a maximum number of working hours per week, the Act prevents exploitation by limiting excessive workloads. This promotes a healthier work-life balance and reduces worker fatigue.
• Protecting Children: One of the Act’s most significant contributions is the complete ban on child labor in factories. This crucial measure shields young individuals from hazardous working conditions and exploitation, allowing them to pursue education and a safe childhood.
• Promoting Work-Life Balance: The Act mandates paid annual leave, giving workers a well-deserved break from their duties. This not only improves employee well-being but also allows them to return to work refreshed and more productive.

Disadvantages of Factories Act, 1948

• Loopholes for Smaller Workforces: Establishments with less than the stipulated number of workers (10 or 20 depending on power usage) can potentially operate outside the Act’s purview, raising concerns about worker exploitation and safety in smaller workplaces.
• Limited Scope: The Act doesn’t encompass certain sectors like the hospitality industry, leaving workers in those areas potentially vulnerable.
• Compliance Challenges: The administrative procedures outlined in the Act, while crucial, can be cumbersome for some factory owners, potentially leading to non-compliance.
• Evolving Workplace Landscape: The Act might not fully address the safety concerns arising from new technologies and industrial processes that have emerged since 1948.

Provisions of the Factories Act 1948: A Detailed Overview

Health, safety, and welfare provisions under the Factories Act, of 1948:

• General provisions such as the installation of suitable rest, meal, and bathroom facilities in factories.
• Factories shall work in hygienic conditions to ensure the safety and health of workers. Factories must have adequate air and lighting. Temperature and ventilation were also vital.
• Provisions like maintenance of machinery and safety equipment were added for extra security.
• Factories Act 1948 notes that anyone over 18 shall not work more than 48 hours. Additionally, they should get proper rest and holidays. It was to overcome the overexploitation problem.

Period of application

The implementation of the Factories Act in India transpired after the 1951 general elections for the Legislative Assembly of States and Union Territories within the Indian Union, officially taking effect on June 15, 1951.

Subsequent amendments to the Factories Act, of 1948, occurred in 1951, 1960, 1961, and 1972. These modifications extended to the corresponding Rules of 1951, 1960, and 1961. In 1965, the application of the Factories Act was extended to the newly formed States, a measure facilitated by the Chief Secretaries of these States.

Notably, the Factories Act applies exclusively to specific factories that employ ten or more workers, encompassing apprentices within this scope. 

Factories Act 1948 Important Points:

The Factories Act assured the safety and welfare of workers. The most important points about this ruling are:

Health and Safety Provisions

1. Fencing of machinery was an important step to ensure worker’s safety. Also, the machinery should be located in compact spaces and have safety guards wherever needed.
2. Young workers shall be prohibited from working near risky areas. Employers shall also build emergency holes or escapes.

Welfare Amenities for Workers

1. It is a must for employers to provide suitable welfare amenities to their workers. It includes providing proper, clean rooms with good working conditions. Suitable safety apparel should be provided to the workers.

Legal Rights and Responsibilities Under the Act

1. The act was made to be easily accessible and strict. Workers were free to report to their authorities if the provisions of the act were not being rightly implemented. That can result in penalties for employers.

Also Read:-

Juvenile Justice Act: An Overview

What was the Rowlatt Act of 1919: A Historical Insight

Right to Education Act 2009: RTE Main Fеaturеs & Provisions

In which year did the Factories Act come into force?

Although they introduced the Bill for the Factories Act of 1948 in the same year, it came into effect in 1949. However, post-independent India saw a bunch of other labor reforms in addition to the Factories Act of 1948. Let’s have a look.

1. Minimum Wages Act, 1948

They introduced the Minimum Wages Act act to ensure that workers are paid fairly for their work.

2. The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952

This act aimed to provide social security to workers. It launched pensions as well as insurance schemes.

Although introduced for public welfare, the implementation of all these acts was not always smooth. It faced some challenges. Some of them are:

• Lack of awareness
• Improper infrastructure
• Weak enforcement machinery

New Amendments of Factories Act

The Factories Act of 1948, a landmark legislation in India, has undergone several significant amendments over the years to adapt to changing industrial realities and prioritize worker safety and health. Here’s a concise overview of the key amendments:

1954 Amendment:

• Ratification of ILO Conventions: India’s commitment to international labor standards led to the amendment of sections 66, 70, and 71 to align with ILO conventions prohibiting night work for women and children.
• Expanded Definition of Manufacturing Process: The definition now includes type composing for printing, acknowledging its role in industrial production.
• Additional Worker Protections: The law now prohibits women and young people from engaging in hazardous tasks like cleaning, lubricating, and operating machinery in motion.
• Safety Enhancements: The law now mandates the encasement of machinery and explicitly defines safety criteria for lifting equipment.
• Work Regulations: The amendment allowed for a 6-hour shift without a mandatory rest break and exempted shift workers from overtime if they arrived late.
• Leave Entitlements: Chapter VIII on leave with pay was revised to ensure 240 days of attendance for eligibility and increased the limit on carried forward leaves.
• Clarified Responsibilities: Section 93 was rewritten to clearly define the responsibilities of factory owners and occupiers.

1976 Amendment:

• Addressing Gaps and Expanding Scope: This amendment aimed to address issues raised in various court judgments, such as the definition of “worker” (now including contract labor) and the need for stricter safety regulations.
• Definitions Revisited: The terms “manufacturing process”, “employee”, “factory” and “occupier” were redefined for greater clarity.
• Site Approval and Safety Officer Mandate: Factories required approved plans and permission for the site, and companies employing 1000 or more workers were mandated to appoint safety officers.
• Comprehensive Review of Provisions: Numerous sections were amended, including those related to inspectors, certifying surgeons, cleanliness, waste disposal, machinery safety, fire precautions, building and machinery safety, first-aid devices, creches, overtime wages, child worker registration, leave with wages, dangerous operations, accident reporting, penalties for offenses, and occupier determination.
• New Provisions: Sections 36A (portable power lights), 40B (safety officers), 88A (dangerous occurrences notification), and 91A (safety and health surveys) were introduced.
• Building Maintenance: Section 40A empowered inspectors to order the implementation of measures for building maintenance.

1987 Amendment:

• Post-Bhopal Safety Focus: The Bhopal gas tragedy highlighted the need for stricter regulations. This amendment, along with the Environment (Protection) Act of 1986, introduced a new chapter on hazardous procedures, imposed stricter restrictions, and established harsher penalties for violations.

Registers Specified by the Factories Act, 1948

Form Number	Register
Form 6	Hygrometer Record (Humidity Register)
Form 7	White-Washing Log
Form 7A	Record of Provided Tight Clothes
Form 9	Compensatory Holidays Log
Form 10	Overtime Register for Exempted Workers
Form 12	Adult Workers’ Register
Form 14	Child Labour Log
Form 15	Leave with Wages Register
Form 24 & 25	Muster Roll-9
Form 26	Accident & Dangerous Occurrence Log

Conclusion

In the decade of industrial regulations, they initiated the introduction of the Factories Act of 1948, the Minimum Wages Act, the Industrial Disputes Act, and many more. Each aimed to create a more equitable industrial landscape in the country. For example, the Factory Act of 1948 helped improve worker’s conditions. In addition, it improved society in several ways. First, it reduced the number of accidents. Second, it improved the growth of industries. Such steps build public trust and improve the overall economy of a country. The Act ensures workers’ non-exploitation, promoting social justice and equality. It has helped reduce the gap between employees and workers by creating a system of respect and compliance.

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