INSIGHT ON

The FACTORIES ACT, 1948

What the Department of Factories
and Boilers is all about?

One amongst the 50+ Government

departments
Main Objective

• Shouldering the responsibility of ensuring

compliance with the applicable legislations at
the place which is under the ambit of the
definition “ Factory”
HOW MANY & WHICH ARE THE
LEGISLATIONS ENFORCED?

10 legislation's are in
the Quiver
 ENFORCED LABOUR LEGISLATIONS ARE

• THE FACTORIES ACT, 1948 & RULES MADE THEREUNDER

• THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE THEREUNDER

• THE MATERNITY BENEFIT ACT 1961 AND RULES MADE THEREUNDER

• THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT, 1986

• THE INDIAN BOILERS ACT, 1923 AND RULES MADE THEREUNDER.

• THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND

CONDITIONS OF SERVICE) RULE 1963

• THE KARNATAKA FACTORIES (DEFINING THE PERSONS HANDLING

POSITION OF SUPERVISION OR MANAGEMENT) RULES 1981
 ENFORCED LABOR LEGISLATIONS ARE

• THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS AND

MAINTAINING REGISTER BY CERTAIN ESTABLISHMENT) ACT 1988

• MAJOR ACCIDENT HAZARD CONTROL (KARNATAKA) RULES 1994

• THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS

& RESPONSE) RULES 1996

• THE BUILDING AND OTHER CONSTRUCTION WORKERS

(REGULATION OF EMPLOYMENT AND CONDITIONS OF
SERVICE ) ACT, 1996 AND RULES MADE THEREUNDER

THE ABOVE ACTS ARE CUSTOMARILY CALLED AS

“ LABOUR LEGISLATIONS”.
 COMPLIANCE UNDER
THE FACTORIES ACT, 1948
 What the Act is all about?
Enactment of Stringent provisions!

 120 Sections
 11 Chapters
 03 Schedules

 142 Rules,
 10 Chapters
 41 Forms/Registers

IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A

MASTER PIECE OF A SOCIAL LEGISLATION.
FACTORIES ACT, 1948
 A Comprehensive law for the persons working at a
specific domain – factories.
 Regarded as one of the Benevolent, Noble and a
Comprehensive Labour Legislation which is in force
in our country.
 Covers significant issues relating to the persons
employed in factories.

 Secures - Safety
Health
Welfare
 Regulates - Working Hours
FACTORIES ACT, 1948
 Ensures - Annual leaves with wages
 Provides - Additional protection
from hazardous processes
Additional protection to
women workmen
Prohibition of
employment of children

Series of amendments have been made time and again to

increase the scope of the Act.
Road map to the legislation.
Road Map to the Legislation.
• The establishment of cotton mills in Bombay in 1851 followed by the
establishment of jute mills in 1855 @ Rishra in Bengal marked the
beginning Factory System in India.

• The number of factories grew steadily. During 1872-73, there were

18 Textile Mills – Bombay; 5 Jute Mills – Bengal.

• Conditions in these factories were very gloomy and awful.

• First Indian Factories Act, came into force during 1881

• Comprehensive Act was enacted immediately after the independence -

under the nomenclature “The Factories Act, 1948”.

• This Act has seen many amendments after the independence.

• Major amendments were caused during 1987 -- Reason is Bhopal Tragedy

– The ghastly chemical accident
Road map to the legislation.
• 29 industries have been listed as industries involving hazardous
processes.

The industries are listed under - THE FIRST SCHEDULE

(See Section 2 (cb)

• Special provisions have been incorporated to govern the aspect of

SHE in the said hazardous industries.

• A new chapter by name “ Chapter IV A was introduced as Special

provisions relating to Hazardous processes”.

• Penal provisions were revamped.

• Amendments are continual in the wake of industrialization.

FACTORIES ACT, 1948

Important indicators to be understood

1. Applicability
2. Beneficiaries
3. Responsible persons
4. Inspecting staff
APPLICABILITY
Applies to “Factories”
1. Definite Premises where 10 and more workers;
Manufacturing process, Power – Section 2m(i)
2. Definite Premises where 20 and more workers;
Manufacturing process; No power – Section 2m(ii)
3. Act empowers State Government to declare all or any of the
provisions of the Act to apply to any place with an objective
to secure safety, health and welfare or workmen even though
the workers strength is less than the above cited conditions.
– Section 85(i)
1. Tanning of hides, 2. Electroplating, 3. Manufacturing
of specific chemical substances, 4. Manufacturing of
asbestos, 5. Storing and handling of chemical substances
as listed under schedule 1 of MAH (K) Rules, 1994.
contd.,
APPLICABILITY

Unless otherwise provided, the Act is applicable to all

Factories viz., Private, State, Central, Government, Local
Bodies etc.,
BENEFICIARIES (Target Group)
• Workers employed in the registered factories
“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 any
kind of work incidental to, or connected with, the
manufacturing process

Workers under the Act, includes

1. Permanent 2. Temporary 3. Contract 4. Casual , 5. Clerical
staff 6. Managers, 7. Engineers, 8. Supervisors etc.,

“Apprentice” under the Apprentice Act, 1961 are not the workers.
However as per Section 14 of the Act – provision of health, safety &
welfare are applicable to the said category.
BENEFICIARIES
RESPONSIBLE PERSONS
RESPONSIBLE PERSONS
OCCUPIER AND MANAGER are the responsible persons for
implementation of the provisions envisaged in the Act.

• OCCUPIER means the person who has got the ultimate control over the
affairs of the factory.

• Proprietorship - Proprietor

• Partnership - One of the partner

• Company - One of the director

• State or Central - Persons so nominated by the

Government owned respective governments.

1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981 JK

Industries LTD., and others V/S CIFB and others etc.,
OCCUPIERS RESPONSIBILITY
• PREVIOUS PERMISSION TO LOCATE THE FACTORY,

• SHOULD OBTAIN LICENCE TO THE PREMISES,

• LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY,

• OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE

OUTLINED IN THE ACT AND RULES MADE THEREUNDER,

• MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE

MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE,

• SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE

HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY ARE AT
WORK.
RESPONSIBLE PERSON[S]
MANAGER?
“ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF THE
FACTORY & FOR THE PURPOSES OF THE ACT”
• RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY?
• Maintenance of registers, furnishing OT slips, leave cards
• Furnishing of returns
• Submission of notice to work on Sunday
• Intimation about the reportable accidents, dangerous
occurrences.

Change in Manager?
With in a week’s –
Form no. 3A
INSPECTING STAFF - INSPECTORS
THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE
APPLICABLE PROVISIONS OF LAW IN FACTORIES.

• Act empowers State Government to appoint persons as

Inspectors
• Qualification is defined
• Scope and limits are defined through Notifications.
• Act has prescribed the duties and powers of the Inspectors
• Deputy commissioner of the District – is also an Inspector
• Government can notify persons as Inspectors - Notification
POWERS OF INSPECTORS
• He has got the power to enter to any premises (with
assistants or experts) which he has got reason to
believe it as a factory
• He can make examinations of the premises, plant and
machinery to secure SHE
• He can direct the occupier to left undisturbed any place till
his enquiries are completed.
• He can seize any records, take copies which is required for
the purpose of enforcement
• He can take measurements, photographs and make such
recordings which are required for enforcement of Law
• He can call for production of any registers or documents
pertaining to his duties from the occupier.
GENERAL DOMAIN
OF THE LAW
GENERAL DOMAIN OF LAW
• APPROVAL AND LICENCING TO THE PREMISES

• HEALTH INITIATIVES

• WELFARE SCHEMES

• SAFETY MANAGEMENT

• STATUTORY DISPLAYS

• STATUTORY COMMITTEES

• STATUTORY REGISTERS

• STATUTORY RETURNS

• REGULATION OF WORKING HOURS OF ADULTS

• ANNUAL LEAVE WITH WAGES

contd.,
FOCUSSED AREAS

• REPORTING OF ACCIDENTS

• REPORTING OF DANGEROUS OCCURRENCE

• REPORTING OF NOTIFIABLE DISEASES

• PROVISIONS RELATING TO WOMEN WORKERS

• PROVISION RELATING TO CHILD

• PROVISIONS RELATING TO NO. OF EMPLOYEES

• TRAINING & EDUCATION PROGRAMMES

• OBTAINING OF EXEMPTION SCHEMES

• PENALTY AND PROCEDURES

APPROVAL/LICENCING

• APPROVAL OF PLANS
• REGISTRATION AND RENEWAL OF FACTORY LICENCE
• AMENDMENT & TRANSFER IN THE LICENCE
APPROVAL/LICENCING
APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:
• PROPOSED CONSTRUCTION
• EXTENTION TO EXISTING FACTORY BUILDING
• FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF
MACHINES
• RESITING OF MACHINES
• APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES
• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.
• NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION

• IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO

COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE
OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION SHALL BE
DEEMED TO BE GRANTED.
LICENCING
REGISTRATION AND GRANT OF FACTORY LICENCE
• BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE
SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE
15 DAYS.

• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

• LICENCE WILL BE GRANTED IN FORM 3.

• IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO

COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE
OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE GRANTED.

• LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION HAS BEEN

GIVEN TO RENEW THE LICENCE FOR PERIOD NOT EXCEEDING THREE
YEARS.
LICENCING
WHAT IS AMENDMENT/TRANSFER
• THREE LIMITS ARE MENTIONED IN THE LICENCE.
• IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE
AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF
AMENDMENT ARISES.
• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

• APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS

SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE
MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS.

• DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED

UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE
FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF

• IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR

PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.
APPROVAL/LICENCING
LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD

• TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN

APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY OF
LICENCE.

• FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE INSPECTOR

BEFORE THE FACTORY OR THE SECTION OR DEAPRTMENT THEREOF AS
THE CASE MAY BE , STARTS WORKING AGAIN.

DURING INTENDED CLOSURE

• IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY SECTION OR DEPARTMENT

THEREOF IMMEDIATELY IT IS DECIDED TO DO, THE OCCUPIER OR MANAGER
SHALL REPORT TO THE INSPECTOR UNDER RULE 142 OF THE KARNATAKA
FACTORIES RULES, 1969.
HEALTH FRONT

• HOUSE KEEPING/CLEANLINESS
• OVERCROWDING
• LIGHTING
• DRINKING WATER
• LATRINE AND URINALS
• SPITTONS
HEALTH ISSUES
HOUSE KEEPING/CLEANLINESS

Sl.no Type of coatings Periodicity

1 Building is Painted and varnished Once in five years
2 Inside walls is Painted with Once in three years
washable paint
3 Internal walls is Lime washed or Once in 14 months.
4 colour washed
Doors, frames, wooden or frame Once in 5 years.
works
• THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN
FORM NO.6 - RULE 141
• PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29.
• OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER
OF SPACE
• MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE
POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE
INNER WALL IN EACH SUCH ROOM – RULE 141
Clean work environment
 LIGHTING
AND
VENTILATION
• Minimum 3 foot candles of light,
• Fresh circulation of air by ensuring cross
ventilation
• Adequate openings, 15% of floor area shall be kept
open for natural ventilation
• Mechanical system of ventilation incase of
shortage of windows
• Overcrowding – 14.2 cu.meter of space per person
 TOILET FACILITIES

Sufficient toilet and urinal accommodations - One for

every twenty five workmen.

• Toilet accommodations shall be maintained in clean and

hygienic conditions.

• Separate facilities for the women workmen.

• Sufficient water facilities shall be available. Pictorial display

shall be made. Proper doors and fastening shall be ensured.

• Sweepers shall be employed to keep the facility neat and tidy.

Drinking water
Adequate drinking water in clean and hygienic conditions shall be
provided and maintained.

• Minimum of 5 liters of water per person.

• Drinking water shall be kept at convenient places.

• If the source of supply is not from the public supply, the water
shall be tested for its pot ability from the District Health
Officer.

• If more than 250 workers are employed, cooled drinking water

shall be provided with arrangements during the months of
March, April and May.
SAFETY
GENERAL SAFETY MANAGEMENT
INCLUDES

• EQUIPMENT SAFETY,
• PERSONAL SAFETY
• MATERIAL SAFETY
• PROCESS SAFETY
• PERSONAL PROTECTIVE EQUIPMENT
• EXCESSIVE WEIGHTS
EQUIPMENT SAFETY
BASICALLY EQUIPMENT SAFETY INCLUDES

• Good construction with all safety features

• Sound material and adequate strength
• Free from defects, properly maintained
• Periodical Inspections to ensure integrity
• Equipment should be safe, periodical
inspection
• Information, instruction and training and
supervision
MATERIAL SAFETY
MATERIAL SAFETY INCLUDES

• Arrangement to ensure Safety and absence

to risk to health from the material used,
handled and stored.
• MSDS shall be readily available
• Information, instruction, training and
supervision
• Periodical medical surveillance
• Inventory and storage
PROCESS SAFETY
BASICALLY PROCESS SAFETY
INCLUDES

• Type of process, chemistry involved

• Hazards, risk and vulnerability Analysis
• Equipment integrity against the hazards
• Protection against the hazards
• Measures required during the process
PERSONAL SAFETY
BASICALLY PERSONAL SAFETY
INCLUDES

• Issue of personal protective equipment according

to the circumstances and conditions.
• Decontamination facilities, washing facilities
• Periodical medical surveillance
• Maintenance of health records.
• First aid, OHC, ambulance room, ambulance van
• Training, Education, Supervision
SAFETY MANAGEMENT
EXCESSIVE WEIGHTS
No adult, woman unaided by another person shall lift, carry or
move by hand or on head any material article, tool or appliance
exceeding the maximum specified below

Adult male 50kgs

Adult female 30kgs
Adolescent male 30kgs
Adolescent female 20kgs
Male child 16kgs
Female child 14kgs
PERSONAL PROTECTIVE
EQUIPMENT
PERSONAL PROTECTIVE EQUIPMENT
• As per Rule 65D of KFR 1969, the Inspector can pass an order to
supply to the workers the required to personal protective
equipment exposed to particular hazards as may be found
necessary;

• All personal protective equipment provided to the workers as

required under the act shall have certification by ISI or any
equivalent standard approved by the state government.

• Except under Section 46 no fee or charge shall be realized from

any worker in respect of any arrangements or facilities to be
provided or any equipments on appliances to be supplied by the
occupier under t he provisions of this act – Section 114
WELFARE ISSUES
MAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL BEING OF THE PERSONS.

• Washing facilities
• Facilities for sitting
• First aid appliances
• Crèche
• Canteen
• Rest room, shelters, lunch room
• First aid trained personnel
• Ambulance room
CANTEEN
• IT IS STATUTORY WELFARE SCHEME
• APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250
• BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER
ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES
OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS
• SUFFICIENTLY VENTILATED AND LIGHTED
• LIME WASHED ONCE IN A YEAR
• IF IT IS PAINTED, REPAINTED ONCE IN THREE YEARS
• PRECINTS SHALL BE NEAT AND TIDY AT ALL TIMES
• DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING
• .93 SQUARE METER OF AREA SHALL BE THERE PER PERSON
• A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN
PROPORTION OF THEIR STRENGTH
• WASHING PLACE SHALL BE PROVIDED.
• SUFFICIENT TABLES, CHAIRS OR BENCHES SHALL BE PROVIDED.
CANTEEN
• FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO PROFIT
AND NO LOSS BASIS
• SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT
SHALL BE PROVIDED BY THE MANAGEMENT.
• PRICED CHARGED SHALL BE APPROVED BY THE CMC
• ITEMS SERVED AND PRICES LEVIED SHALL BE DISPLAYED
• CANTEEN ACCOUNT SHALL BE AUDITED EVERY YEAR FROM CHARTERED
ACCOUNTANT AND BALANCE SHEET SHALL BE MADE AVAILABLE TO THE
CANTEEN MANAGING COMMITTEE WITH IN 12 MONTHS.
• CANTEEN MANAGING COMMITTEE SHALL BE APPOINTED BY THE
MANAGER
• COMPOSITION IS DEFINED. MANAGEMENT PERSONNEL ARE NOMINATED.
WORKERS REPRESENTATIES SHALL BE ELECTED.
• THE MEMBERS CONSISTS OF MINIMUM ONE FOR EVERY 100O WORKMEN,
BUT IT SHOULD BE IN ANY CASE NOT MORE THAN 5 AND NOT LESS
THAN 2
• DISSOLVED ONCE IN 2 YEARS AND NEW CMC SHALL BE CONSTITUED
CANTEEN
• CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY CONDITIONS AT
ALL TIMES
• THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED
FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL
PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF
12 MONTHS
• THE EXAMINATIONS INCLUDE
• ROUTINE BLOOD EXAMINATION
• BACTERIOLOGICAL TESTING OF FAECES AND URINE
• ANY OTHER SPECIFIC EXAMINATIONS
TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS
DISEASES.
• CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE
PERSONS EMPLOYED IN THE FACTORY – SPECIFIC DELIBERATION WITH
REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS.
• HISTORICAL CITATONS “ GOVERNMENT OF ANDHRA PRADESH V/S
BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1
LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP
SHELTER, RESTROOM AND LUNCH ROOM
• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE THAN
150

• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE

STANDARDS

• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.12 SQUARE
METER PER PERSON

• ADEQUAE LIGHTING AND VENTILATION

• CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE

PROVIDED

• KEPT NEAT AND TIDY AT ALL TIMES

• WASHING FACILITIES AND DRINKING WATER FACILITIES SHALL BE

PROVIDED.
CRECHE
• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN IS
MORE THAN 30
• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE
STANDARDS
• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE
METER PER CHILD
• ADEQUAE LIGHTING AND VENTILATION
• KEPT NEAT AND TIDY AT ALL TIMES
• EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER
CHILDREN.
• CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN
• ADEQUATE TOYS FOR OLDER CHILDREN
• SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN
CRECHE
• WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND SANITARY
CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE
AVAILABLE FOR WASHING AND BATHING.

• CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED

• PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED

• MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT

TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD

• CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH

WHOLE SOME REFRESHMENT

• IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF
INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION

• CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR

EVERY 20 CHILDREN
CRECHE
• WOMEN IN CHARGE SHOULD POSSESS NURSES QUALIFICAITON OR
18 MONTHS CERTIFICATE IN CHILD CARE EITHER FROM HOSPITAL
OR MATERNITY HOME

• ONE SWEEPER SHALL BE EMPLOYED.

WASHING FACILITIES
• ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND
MAINTAINED FOR THE USE OF THE WORKERS.

• IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING

FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD
BEAR CONSPICUOUS NOTICE “ FOR WOMEN ONLY”

• WATER SUPPLY TO THE WASHING FACILITIES SHOULD YIELD

AT LEAST 27 LITERS OF WATER FOR EACH PERSON.

• IF ADEQUATE WATER FACILITY IS NOT AVAILABLE,

EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5 LITRES OF
WATER PER PERSON EMPLOYED.
FIRST AID APPLIANCES
• FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED
WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THE
EQUIPMENT PRESCRIBED.

• EQUIPPED FIRST AID BOXES SHALL BE KEPT IN CHARGE OF PERSONS

TRAINED IN THE FIRST AID TREATMENT.

• FIRST AIDER SHOULD HOLD CERTIFICTAE IN FIRST AID TREATMENT

RECOGNISED BY THE STATE GOVERNMENT.

• NO. OF FIRST AID BOXES AND CUP BOARDS SHALL BE ONE FOR EVERY
150 WORKERS.

• A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE

FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL
BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS.
AMBULANCE ROOM
• THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN 500
WORKERS ARE EMPLOYED
• ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH STANDARDS AND
SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL
BE SEPARATE FROM THE REST OF THE FACTORY.
• THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY
• DRINKING WATER FACILITY SHALL BE PROVIDED
• THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED
• NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER
OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM.
• AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL
PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER,
NURSING ATTENDANT IN EACH SHIFT.
AMBULANCE ROOM
• AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS
CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD
CONDITIONS.

• EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR

WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A
DOCTOR IN ALL THE THREE SHIFTS.

• EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS.

STATUTORY APPOINTMENTS/RECOGNITION

• SAFETY OFFICER

• WELFARE OFFICER

• MEDICAL OFFICER

• COMPETENT & QUALIFIED SUPERVISORS

• COMPETENT PERSON

• ACCREDITION AGENCIES TO CONDUCT SAFETY AUDITS.

SAFETY OFFICER
SAFETY OFFICER
• IT IS A STATUTORY APPOINTMENT

• WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED

• STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED SAFETY

OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL

• QULIFICATIONS

• DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL

EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACIATY FOR
A PERIOD OF NOT LESS THAN TWO YEARS OR

• DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL EXPERIENCE

OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR A PERIOD
NOT LESS THAN FIVE YEARS OR

• DEIPLOMA IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL

EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY CAPACITY FOR
APERIOD OF NOT LESS THAN FIVE YEARS
SAFETY OFFICER
• POSSESS DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY THE
STATE GOVERNMENT

• HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY OF THE

WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED

• ANY PERSON

• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD

EXPERIENCE OF NOT LESS THAN 5 YEARS IN THE DEPARTMENT OF THE
CENTRAL OR STATE GOVERNMENT WHICH DEALS WITH ADMINISTRATION OF
“ THE FACTORIES ACT, 1948 OR “THE INDIAN DOCK LABOURERS ACT, 1934
OR

• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD

EXPERIENCE OF NOT LESS THAN 5 YEARS OF FULL TIME ON TRAINING,
EDUCATION, CONSULTANCY, OR RESEARCH IN THE FIELD OF ACCIDENT
PREVENTIONIN INDUSTRY OR IN ANY INSTITUTION SHALL ALSO ELIGIBLE
FOR SAFETY OFFICER.
SAFETY OFFICER

NO. OF SAFETY OFFICERS TO BE EMPLOYED?

• MORE THAN 1000 AND LESS THAN 2000 - 1

• MORE THAN 2000 AND LESS THAN 4000 - 2

• MORE THAN 4000 AND LESS THAN 6000 - 3

• ABOVE 6000 AND NOT EXCEEDING 8000 - 4

• ABOVE 8000 AND NOT EXCEEDING 10000 - 5

• FOR EVERY INCREASE OF 3000 OR PART THEREOFF - 1

GOVERNMENT NOTIFICATION NO. SWL 52 LFB 82 DATED 27.6.1983

Welfare Officer

• Statutory appointment

• Mandatory incase of workers strength is

more than 500

• Separate rules governing duties,

qualification and conditions of service is in
force.
 THE KARNATAKA WELFARE OFFICERS (DUTIES,
QUALIFICATIONS AND CONDITIONS OF SERVICE) RULES,
1963
Salient features of the legislation
• THESE RULES ARE PRESCRIBED UNDER SECTION 49 AND 50 OF THE
FACTORIES ACT, 1948. IN FORCE FROM 1963 AND BEING AMENDED FROM
TIME TO TIME. THERE ARE 9 RULES
• Number of welfare officers required is one for 500 or more to 2000 workers.
• Additional welfare officer for every additional 2000
• Qualification is prescribed - degree from the university recognized by the
Government and obtained a degree or diploma in social science with PM and IR
and labour welfare as their papers.
• He should have adequate knowledge of the language spoken by the majority of
the workers.
• Duties have been clearly prescribed.
• He is not supposed to deal with disciplinary cases or appear on behalf of occupier
against workers.
MEDICAL OFFICER

• IT IS A STATUTORY APPOINTMENT

• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED

• QULIFICATION AND CONDITIONS

• PERSON HOLDING A QUALIFICATION GRANTED BY THE

AUTHORITY SPECIFIED IN THE SCHEDULE TO THE INDIAN
MEDICAL DEGREE ACT, 1916

• ONE QUALIFIED MEDICAL PRACTITIONER IN EACH SHIFT

• EXEMPTION CAN BE OBTAINED IN EMPLOYING MEDICAL

PRACTITIONER IN EACH SHIFT BY MAKING AN APPLICATION
TO THE CHIEF INSPECTOR WITH THE PERMISSION OF THE
GOVERNMENT.
QUALIFIED SUPERVISORS
• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES

• QUALIFICATIONS PRESCRIED IS

• A DEGREE IN CHEMISTRY OR DIPLOMA IN CHEMICAL

ENGINEERING OR TECHNOLOGY WITH 5 YEARS OF EXPERIENCE

OR
• A MASTER DEGREE IN CHEMISTRY OR A DEGREE IN CHEMICAL
ENGINEERING OR TECHNOLOGY WITH 2 YEARS EXPERIENCE.

• THE EXPERIENCE STIPULATED ABOVE SHALL BE IN PROCESS

OPERATION AND MAINTENANCE IN THE CHEMICAL INDUSTRY.

• THE CHIEF INSPECTOR MAY REQUIRE THE SUPERVISOR TO

UNDERGO TRAINING IN HEALTH AND SAFETY
COMPETENT PERSON
• PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE TO
CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER
THE ACT. THE VARIOUS AREAS INCLUDES:

• LIFTING MACHINES, HOISTS, LIFTING TACKLES

• EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER

PRESSURE.

• CENTRIFUGAL MACHINES

• POWER PRESSES

• RACTION VESSELS,

• GAS HOLDERS

• BLASTING ENCLOSURES

• EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST

• SOLVENT EXTRACTION PLANTS

AUDITS AND ACCREDITONS
• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES

• AUDITS SHALL BE INTERNALLY ONCE IN A YEAR & EXTERNALLY ONCE

IN TWO YEARS BY A COMPETENT AGENCY ACCREDITED .

• AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF INSPECTOR

ALONG WITH COMPLIANCE.

• ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY REPORTS

IS REQUIRED TO BE UPDATED.
EXEMPTION PROVISIONS
 TO WORK ON SUNDAY
 TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK
 TO MAINTAIN CRECHE
 TO EMPLOY WOMEN WORKERS UP TO 10PM
 TO INCREASE THE SPREADOVER TIME IN A SHIFT
 LEAVE RULES
 EXEMPTION IN CASE OF OVER CROWDING
 EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO
INSTITUTION MAINTIANED FOR THE PURPOSE OF TRAINING,
EDUCATION OR REFORMATION
 MOTOR VEHICLE SPEED INSIDE THE PREMISES
 TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS.
FORMATION AND PARTICIPATION IN COMMITTEES
FORMATION AND PARTICIPATION IN COMMITTEES

 SAFETY COMMITTEE
 CANTEEN MANAGEMENT COMMITTEE
 WORKS COMMITTEE
 SEXURAL HARASSEMENT PREVENTION COMMITTEE
WORKING HOURS FOR ADULTS
Act regulates the working hours for adult workers employed
in the factories
• Weekly hours / Daily hours;
• Weekly holidays
• Interval for rest
• Extra wages for overtime
• Spread over – 10½ hours – 12 hours
• Restriction of double employment
• Notice of periods of work – contrary is not allowed
• Power to make exempting orders
• Restriction on employment of women
ANNUAL LEAVE WITH WAGES
One day for every twenty days
Eligibility :
• 240 days in a calendar year – his/her service is from
beginning of the calendar year;
• 2/3rd of the calendar year – his/her service begins in the
middle of calendar year
• Issue of leave books in Form no. 15
• Leave with wages register in Form no. 14
• Any discharge / dismissal – benefit shall be settled
immediately.
PROVISIONS IN THE ACT, CORRESPONDING TO
STRENGTH OF THE WORKERS
• Crèche - > 30 women workers
• Restroom / shelters and lunch room - > 150 workmen
• Cooled drinking water - > 250 workers
• Canteen - > 250 workers
• Ambulance room – Doctor, Nurse and Dresser cum
compounder - > 500 workers
• Welfare officer - > 500 workers
• Lady welfare officer - > more nos. of women workers
• Safety officer - > 1000 workers
• Occupational health centre – Industries involving in
hazardous process
PROVISIONS IN THE ACT, CORRESPONDING TO
STRENGTH OF THE WORKERS
Occupational health centre – Industries grouped under Section
2(cb) – compliance is mandatory.
• Employing up to 50 workers
• Factory Medical officer on retainer ship basis
• He will carry out pre employment and periodical medical
examinations.
• Minimum of five persons trained in first aid, one shall
always during the working period.
PROVISIONS IN THE ACT, CORRESPONDING TO
STRENGTH OF THE WORKERS
Occupational health centre – Industries involving hazardous
process – provision is mandatory.
• Employing up to 51 - 200 workers
• OHC having a room with minimum floor area 15 sq.meter.
• Factory Medical officer on part time basis - visit the
factory twice in a week.
• He will carry out preemployment and periodical medical
examinations.
• One qualified and trained dresser cum compounder on
duty throughout the working period.
PROVISIONS IN THE ACT, CORRESPONDING TO
STRENGTH OF THE WORKERS
Occupational health centre – Industries – 2(cb) – provision is
mandatory.
• Employing more than 200 workers
• OHC having two rooms with minimum floor area 15
sq.meter.
• One full time Factory Medical officer up to 500 and one
more for every additional 1000 workers.
• He will carry out preemployment and periodical medical
examinations.
• One nurse, One qualified and trained dresser cum
compounder on duty throughout the working period.
PROVISIONS IN THE ACT, CORRESPONDING TO
WOMEN WORKERS
WOMEN EMPLOYMENT IN FACTORIES
FACTORIES ACT – WOMEN WORKERS
SALIENT FEATURES

• Prohibits the employment of women from 7 pm to 6

am.

• Prohibits overtime work

• Act permits the Government to notify the factories to

employ women workers up to 10pm with conditions

• Government has notified 15 categories of factories

under 2 notifications;

• One in one notification

• Fourteen in another notification.

FACTORIES ACT – WOMEN WORKERS
• The conditions under which the exemptions is granted are
• Written consent from the employee
• Free transport up to their residence
• 9 hours of rest after completion of work to the fresh
period of work in the following day
• No overtime work
Act bars employment of women workers from 10 pm to
5 am totally.
• Act bars employment of women to clean, lubricate any
part of the equipment
• Act bars employment of women workers in hazardous
processes
FACTORIES ACT – CHILD LABOUR
FACTORIES ACT – CHILD LABOUR
• Bars the employment of persons below the age of 14
• Act permits the employment of child and adolescent to work
in factories subject to condition of obtaining certificate of
fitness from the certifying surgeon.
Child – more than 14 and less 15;
Adolescent – more than 15 and less than 18
• Working hour for child is four and half hour per day
• Double employment of child is prohibited
• Working hours for adolescent is as that of adult.
• Act bears employment of child and young persons on
dangerous machines – power press, hydraulic, presses,
milling machine, guillotine machine
• Act bars employment of child and adolescent on dangerous
manufacturing processes
MAINTENANCE OF REGISTERS
• Muster roll cum Register of wages/salary /Subsistence
allowance – Form No.22
• Register of adult workers – Form No. 11
• Register of leave with wages – Form no. 14
• Inspection book – Form no. 6, 28 & 29
• Register of accident or dangerous occurrence – Form no.23
• Register of overtime muster roll for exempted workers –
Form no. 9;
• Health register – Form no. 16 & 38
• Register of absenteeism or Sickness – Form no. 40

Item no. 1 & 3 are prescribed under four important legislations

MAINTENANCE OF REGISTERS
• THE REGISTERS SHALL BE WRITTEN AFRESH EACH
MONTH.

• THE REGISTERS SHALL BE PRESERVED FOR A PERIOD OF

3YERAS

• NO EXEMPTION CAN BE OBTAINED IN MAINTAINING THE

REGISTERS.
DISPLAY OF NOTICES
• Notice of periods of work

• An abstract of the act and rules

• Cautionary notices

• Safety posters, catchy safety slogans

• Name and address of the Inspector

• Name of the Medical Officer

DISPLAY OF NOTICES
• ALL THE NOTICES TO BE DISPLAYED IN FACTORIES
SHALL BE IN ENGLISH AND IN A LANGUAGE
UNDERSTOOD BY THE MAJORITY OF THE
WORKERS. - S.108

• NOTICES SHALL BE DISPLAYED AT CONSPICUOUS

PLACE AND SHALL BE MAINTAINED IN CLEAN AND
LEGIBLE CONDITIONS. - 108
RETURNS/NOTICES TO BE SUBMITTED

• Combined Annual return - Form no. 20 ( on or before 1st

Feb)

• Annual return under PWA – Form no. IV ( on or before 15th

Feb)

• Half yearly return - Form no. 21 ( on or before 15th July)

• Accident return - Form no. 17 ( for reporting of fatal and

reportable accident)

• Form no. 23 ( on or before 5th of subsequent month)

• Intention to work on Sunday

STATUTORY INFORMATIONS TO BE SHARED
1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT.

2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT

3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME

4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED AND

STORED.

5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX

PROCESSES

6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES.

7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION

PROGRAMMES.

8. CONTINUOUS TRAINING CURRICULUM

ACCIDENTS
Oh !!! This is due to over confidence
ACCIDENT, DANGEROUS OCCURRENCES AND
DISEASES
Fatal
Accidents
Non fatal
• Reportable accidents shall be reported in Form no. 17,
within 72 hours from the from the time of occurrence of
accidents.
• Fatal accident shall be reported within in 12 hours
• Fatal Accidents are Required to be reported to:
• Inspector,
• District Magistrate or Sub Divisional Magistrate,
• Officer in charge of the nearest police station
• Relatives of the injured or deceased person
ACCIDENT, DANGEROUS OCCURRENCES AND
DISEASES
• ACCIDENT IS REQUIRED TO BE INVESTIGATED TO FIND OUT THE
CAUSES

• IF ANY VIOLATIONS ARE NOTICED, IT WILL END UP WITH

PROSECUTIONS

• CAN POLICE AUTHORITY FILE LEGAL CASE IN CASE OF A

FATAL ACCIDENT IN SIDE THE PREMISES OF THE FACTORY?

• PROSECUTION LAUNCHED UNDER SECTION 92 AND 95 OF THE

FACTORIES ACT BY THE FACTORY INSPECTOR PERTAINING TO
AN OCCURRENCE A FATAL ACCIDENT WITHIN THE FACTORY
REMISES WILL DEBAR THE PROCEEDINGS UNDER SECTION
342 OF THE CRIMINAL PROCEDURE CODE.

• RULING - 2007 LLR 866 - JHARKHAND HIGH COURT - IN

CRIMINAL M.P NO. 386 OF 2006 DATED 2ND DECEMBER 2006
DANGEROUS OCCURRENCES
(which does not result in death or bodily injury)

• Bursting of plant or vessel working under pressure

• Collapse of lifting equipment
• Explosion or fire causing damage
• Collapse of floor, gallery, roof, etc.

The Said incidents also shall be reported in Form no. 17A

WITH IN 12 HOURS FROM THE INCIDENT.
These incidents also requires to be investigated to unearth
the causes
INDUSTRIES INVOLVNG HAZARDOUS
PROCESSES

• 29 industries have been listed as industries involving

hazardous processes have been listed at the

THE FIRST SCHEDULE

(See Section 2 (cb)
List of Industries involving Hazardous Processes

1. Ferrous Metallurgical Industries

2. Non-ferrous Metallurgical Industries
3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power generating industries
6. Pulp and paper (including paper products) industries
7. Fertilizer industry
8. Cement industries
9. Petroleum industries
10. Petrochemical industries
11. Drugs and pharmaceutical industries
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) industries
14. Paints and pigment industries
15. Leather tanning industries
List of Industries involving Hazardous Processes

16. Electro – plating industries

17. Chemical industries
18. Insecticides, fungicides, herbicides and other pesticides industries
19. Synthetic resin and plastics
20. Man-made fiber (cellulosic and non-cellulosic) industry
21. Manufacture and repair of electrical accumulators
22. Glass and ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and fats from vegetable and animal source
26. Manufacture, handling and use of benzene and substances containing benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Dyes and dyestuff including their intermediates
29. Highly flammable liquids and gases
PROVISIONS RELATING TO HAZARDOUS
PROCESS

SPECIFIC OBLIGATIONS UPON THE

MANAGEMENT
PROVISIONS RELATING TO HAZARDOUS
PROCESSES
1. CLEARANCE FOR SITING INDUSTRIES
2. DISSEMINATION OF INFORMATIONS ON HAZARDS, MEASURES
3. PREPARATION OF ON SITE EMERGENCY PLAN
4. SAFETY COMMITTEE
5. HEALTH AND SAFETY POLICY
6. MEDICAL EXAMINATIONS – AVAILABILITY OF HEALTH RECORDS
7. DECONTAMINATION FACILITIES
8. OCCUPATIONAL HEALTH CENTRES/AMBULANCE VAN
9. EMPLOYMENT OF QUALIFIED AND COMPETENT SUPERVISORS
10. CONDUCTING PERIODICAL SAFETY AUDITS
11. CLEARANCE FROM POLLUTION CONTROL BOARD
HAZARDOUS PROCESSES AND
DANGEROUS OPERATIONS

• 26 operations or processes have been identified as

dangerous
• COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR
PROCESSES HAVE BEEN FRAMED AND PUBLISHED
DANGEROUS MANUFACTURING PROCESSES
• Manufacture of aerated waters and processes incidental
thereto
• Electrolytic plating or oxidation of metal articles by use of
electrolyte
• Manufacture and repair of electric accumulators
• Glass manufacture
• Grinding or glazing of metals
• Manufacture and treatment of lead and certain compounds of
lead
• Generating petrol gas from petrol
• Cleaning of smoothening, roughening of articles by a jet of
sand, metal shot or grit or other abrasive propelled by blast of
compressed air or steam
DANGEROUS MANUFACTURING PROCESSES
• Liming and tanning of rawhides, skins, and processes incidental
thereto
• Certain lead processes carried on in printing processes and type
foundries
• Manufacture of pottery
• Chemical works
• Manipulation of stone or any other materials containing free
silica
• Handling and processing of asbestos
• Handling of manipulation of corrosive substances
• Compression of oxygen and hydrogen produced by electrolysis
of water
DANGEROUS MANUFACTURING PROCESSES
• Process of extracting oil and fats from vegetable and animal
sources using solvent
• Manufacture or manipulation of manganese
• Manufacture and manipulation of dangerous pesticides
• Manufacture, handling and use of benzene
• Manufacturing process or operations in carbon disulfide plants
• Manufacture or manipulation of carcinogenic dye-intermediate
• Operations involving high noise level
• Manufacture of rayon by viscose process
• Highly inflammable liquids and flammable compressed gases
• Operation in foundries
DANGEROUS MANUFACTURING PROCESSES

Specific directions
DANGEROUS MANUFACTURING PROCESSES

Specific directions in these type of hazardous processes

• These processes have been defined as dangerous;

• Prohibits the employment of women, adolescents or children

• Mandates for periodical medical examinations of persons

employed or seeking to be employed

• Prohibits the employment of persons not certified as fit for such

employment.

• Emphasizes on specific personal protective equipment and clothing's

• Prescribes additional welfare facilities.

• Clearance from KSPCB for disposal of trade waste is a must.

NOTICE OF POISONING OR DISEASE

A NOTICE OF POISONING OR DISEASE SHALL BE FURNISHED IN FORM

NO. 18 BY THE MANAGER,

AUTHORITIEES TO WHOM THE FORM IS REQUIRED TO BE FURNISHED

• CHIEF INSPECTOR

• CERTIFYING SURGEON

• ADMINISTRATIVE MEDICAL OFFICER OF ESI

WHEN ?

FORTHWITH!
LIST OF NOTIFIABLE DISEASES
1 Lead poisoning
2 Lead tetra ethyl poisoning
3 Phosphorous poisoning
4 Mercury poisoning
5 Manganese poisoning
6 Arsenic poisoning
7 Poisoning by nitrous fumes
8 Carbon disulfide poisoning
9 Benzene poisoning
10 Chrome ulceration
11 Anthrax
12 Silicosis
LIST OF NOTIFIABLE DISEASES
13 Poisoning by halogen or halogen derivatives
14 Pathological manifestation due to
• Radium or other radio active substances
• X-rays
15 Primary epitheliomatous cancer
16 Toxic anemia
17 Toxic jaundice due to poisonous substances
18 Oil acne or dermatitis due to mineral oil
19 Byssionosis
20 Asbestosis
21 Occupational or contact dermatitis due to chemical or paints
LIST OF NOTIFIABLE DISEASE
22 Noise induced hearing loss
23 Beryllium poisoning
24 Carbon monoxide poisoning
25 Coal miners pneumoconiosis
26 Phosgene poisoning
27 Occupational cancer
28 Isocyanides poisoning
29 Toxic nephritis
• Any diagnosis reveals about the contractment of any of the
disease shall be immediately intimated by the Factory Manager.
• The said contractment of disease may be enquired by appointing
competent person by the state government.
3 SCHEDULES

TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT

DETAILING

1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES;

2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES
AT THE WORK ENVIRONMENT
3. LIST OF NOTIFIABLE DISEASES.
OBLIGATION OF WORKERS - Sec.111
No worker in a factory
• Shall willfully interfere with or misuse any appliance,
convenience or other thing provided in a factory for the purposes
of securing the health, safety or welfare of the workers.
• Shall willfully and without reasonable cause do any thing likely
to endanger himself or others and
• Shall willfully neglect to make use of any appliance or other
thing provided in the factory for the purposes of securing the
health or safety of the workers.
If any of the workers employed contravened any of the said
provision, he shall be punishable with imprisonment for a term,
which may extend to one hundred rupees or both.
RIGHT OF WORKERS
Every workers shall have the right to

• Obtain from the occupier, information relating to workers health

and safety at work

• Get trained within the factory wherever possible, or to get

himself sponsored by the occupier for getting trained at a
training centre or institute, duly approved the Chief Inspector of
Factories, where training is imparted on safety, health and
welfare.

• Represent to the Inspector directly or through his representative

in the matter of inadequate provisions for protection of his health
or safety in the factory.
 GENERAL INFORMATION
• OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY.

• THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR MANAGER

FROM LIABILITY IN CERTAIN CASES.

• THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL HEALTH

SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY – OCCUPIER AND
MANAGER SHALL AFFORD ALL FACILTIES FOR SUCH SURVEY.

• THE GOVERNMENT MAY APPOINT A COMPETETN PESON TOINQUIRE

INTO THE CAUES OF ANY ACCIENT OCCURING INA FACTORY OR INTO
ANY CASE WHERE DISEASE SPCFIED THE SCHEDULE HAVE BEEN
CONTRCTED.

• INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES

• THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON

ACCOUNT OF SERIOUS HAZARD.
GENERAL INFORMATION
• THERE IS A PROVISION FOR AMALGAMATION OF TWO DIFFERENT
DEPARTMENTS TO BE SEPARATE FACTORY OR TWO OR MORE
FACTORIES TO BE A SINGLE - SECTION 4

• THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE OR

ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE OCCUPIER
& MANAGER – RULE 135 OF KFR 1969

• THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY ORDER

SERVED BY THE INSPECTOR BEFORE THE CHIEF INSPECTOR WITHIN
30 DAYS – SECTION 107

• INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE PURPOSE OF

SATISFYING HIMSELF WITH THE COMPLIANCE TO THE PROVISIONS
– RULE 136.

• THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE SAME

WITHIN SEVEN DAYS
GENERAL INFORMATION
• IN CASE OF DEATH OF ANY PERSON ON SERVICE THE BALANCE OF
PAY DUE FOR THE PERIOD OF LEAVE WAGES NOT AVAILED OF
SHALL BE PAID TO HIS NOMINEE WITHIN A WEEK OF THE
INTIMATION OF DEATH – RULE 126

• TO DO THIS NOMINATION SHALL BE OBTAINED IN FORM NO.25

APPENDED TO THE RULES.

• AS FAR AS THE CIRCUMSTANCES PERMIT, MEMBERS OF THE SAME

FAMILY, HUSBAND AND WIFE SHALL BE ALLOWED ANNUAL LEAVE
WITH WAGES ON THE SAME DATE – RULE125

• NO CHARGE FOR FACILITIES OR CONVENIENCES PROVIDED EXCEPT

UNDER SECTION 46 – SECTION 114
PENALTY FOR ANY VIOLATIONS
• No minimum fine is fixed

• Maximum fine fixed is Rs.1,00,000/- or two years

imprisonment or both.

• In case of fatal accident if the contravention is noticed

from Chapter IV - Rs. 25,000/- minimum

• In case of serious accident Rs. 5,000/-

• Enhanced penalty after previous conviction is very

severe.

• Any contravention under chapter IVA – penal provisions

are very stringent.
VIEWS OF THE APEX COURT OF THE
COUNTRY ABOUT THE LEGISLATION
FACTORIES ACT, 1948

VIEWS OF THE APEX COURT OF THE COUNTRY

• Primary object of the Act is to protect the workers employed in the
factories against industrial and occupational hazards ( Bhikusa Vamsa
Kshatria V/s Union India, AIR 1963 SC 779)

• Object of the Act is to secure health, safety, welfare, proper working

hours, leave and other benefits for the workers employed in factories
(AIR 1967 SC 1364)

• Factories Act is a social enactment to achieve social reform and it must

receive liberal construction to achieve legislative purpose without doing
violence to the language (Central Railway Workshop, Jhansi V/s
Vishwanath AIR 1970 SC 488)

• Provision of the Act must be given liberal construction (Alembic

Chemical Works Co. Ltd V/s AIR 1961 SC 647.
PROACTIVE APPROACH OF THE DEPARMENT
• MEANINGFUL INSPECTIONS ARE CONDUCTED TO EDUCATE AND
SENSITIZE THE CONCERNED ON THE ISSUES OF SHE MANAGEMENT
• TRAINING PROGRAMMES ARE BEING CONDUCTED TO VARIOUS
CATEGORIES OF PERSONNEL TO CREATE AWARENESS AMONGST THE
CONCERNED
• INFORMATION SHARING SYSTEM IS IN VOGUE
• DIRECTORATE OFFICE IS WORKING AS HELP DESK TO PROVIDE ALL
NECESSARY INFORMATION IN PREPARATION OF APPLICATIONS,
DOCUMENTS ETC., TO THE NEEDY
• AVAILABLE FOR DISCUSSIONS AT ALL TIMES WHO IS COMPLIANT AND
HAVE RESPECT FOR THE LAW
• SEVERAL NOTIFICATIONS REGARDING AMENDMENTS ARE BEING
CIRCULATED FOR KNOWLEDGE AND INFORMATION
• THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR
TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED.
Statistics at a glance - State
• Total number of registered factories: 13200
• Total number of employees: 13,12,235
• Total number of women employees: 2,96,586
• Total number of MAH factories: 77 in 16 districts
• Total number of industries involving hazardous
process: 800
• Head quarter: Bangalore
• Offices are Located : 12 Districts in the State
• No. of enforcement officers: 45 with 200 staff.
• No. of Fatal accidents - 75 per year
• No. of reportable accidents – 1500 per year
 • UNDERSTANDING OF THE LAW,
• COMPLYING WITH LEGAL REQUIREMENTS,
• REGULAR HR & SAFETY AUDIT TO REVIEW THE
COMPLIANCE
• POSITIVE ATTITUDE
ARE THE NEED OF THE HOUR
DC JAGADEESH B.E (Mech)
DEPUTY DIRECTOR OF
FACTORIES
98450 72113