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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. This approach was complemented by various legislative measures, including the Factories Act 1948, which aimed to regulate labor conditions in factories and ensure the welfare of workers.
The government classified industrial parts into four types:
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 1948. 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.
The Factories Act 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:
Important Exclusions:
By understanding these criteria, you can determine whether a specific workplace falls under the jurisdiction of the Factories Act.
The Indian Factories Act 1948 laid down regulations for better working conditions. Many acts mentioned something about work culture before 1948. Let’s know about the same.
The Indian Factories Act 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 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).
The various objectives of the Factories Act 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.
As discussed above, factories in 1948 had some predecessors. Let’s have a look.
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:
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.
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 Factories Act 1948. Some other factors that shaped the Act include:
The excessive exploitation of factory workers was one of the primary reasons for the 1948 Act introduction.
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.
Workers’ welfare was an essential factor in shaping the act’s provisions. That is why they introduced provisions like leaves, holidays, and working hours.
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.
They have regularly amended the definition of the factory under the Factories Act 1948 to keep it updated with modern needs.
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 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.
The Factories Act assured the safety and welfare of workers. The most important points about this ruling are:
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Although they introduced the Bill for the Factories Act 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.
They introduced the Minimum Wages Act act to ensure that workers are paid fairly for their work.
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:
The Factories Act 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:
| 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 |
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.
The Factories Act of 1948 was brought into effect in 1949 after its introduction in 1948.
Some primary provisions of the Factories Act of 1948 are limiting the work hours of workers, allowing them to take proper leaves and access to a thriving work environment.
Yes, the Factories Act of 1948 helped the workers work in a better and safer environment. Their wages improved, and so did their work balance, improving their productivity.
A worker can work up to 4 hours extra each day, with a weekly cap of 12 hours (48 hours monthly). If the department grants an exemption, there’s a further limit of 75 hours per quarter, as per Section 65.
Sections 21 to 41 cover safety provisions such as machinery fencing, restrictions on women and children in certain processes, pressure plant testing, and the appointment of safety officers.
Before the amendment of the Factories Act, 1948, through The Factories (Amendment) Act 1988, an industrial establishment required a minimum strength of 20 workers in any one shift or 40 workers in all shifts to be considered a “factory” and hence falling under the purview of Factories Act, 1948.
Authored by, Amay Mathur | Senior Editor
Amay Mathur is a business news reporter at Chegg.com. He previously worked for PCMag, Business Insider, The Messenger, and ZDNET as a reporter and copyeditor. His areas of coverage encompass tech, business, strategy, finance, and even space. He is a Columbia University graduate.
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Chegg India does not ask for money to offer any opportunity with the company. We request you to be vigilant before sharing your personal and financial information with any third party. Beware of fraudulent activities claiming affiliation with our company and promising monetary rewards or benefits. Chegg India shall not be responsible for any losses resulting from such activities.
