Compliances under Factories Act, 1948

In India the first Factories Act was passed in 1881. This Act was
basically designed to protect children and to provide few measures
for health and safety of the workers. This law was applicable to only
those factories, which employed 100 or more workers. In 1891
another factories Act was passed which extended to the factories
employing 50 or more workers. In 1948 the new Factories Act has
been passed to strengthen the position of workers, working in the
factory across India. The Factories act is a social act which has been
enacted for occupational, safety, health, and welfare of workers at
work places. It applies to factories covered under the Factories Act,
1948. It applies to the industries in which ten (10) or more than ten
workers are employed on any day of the preceding twelve months
and are engaged in manufacturing process being carried out with
the aid of power or twenty or more than twenty workers are
employed in manufacturing process being carried out without the
aid of power, are covered under the provisions of this act.

In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court

observed that the Act has been enacted primarily with the object of
protecting workers employed in factories against industrial and
occupational hazards. For that purpose, it seeks to impose upon the
owner or the occupier certain obligations to protect the workers and
to secure for them employment in conditions conducive to their
health and safety.

Thus as the court imposes upon the owner certain obligations

it give rise to meet certain compliances to ensure the proper follow
up of the rules and regulations of the factories act so as to meet the
very purpose of law. Since the malice of unfair practices and
victimization of workers is still at large, it will strengthen the need of
some compliance so that the very purpose of law can be fulfilled.

List of Compliances under the Factories Act:

The Factories act mandates the following compliances for the

entities on which it is applicable:

 Sections 6 and 7 - Licensing of factory: An Occupier is

required to get the license before commencement of
production.
 Chapter III - Health provisions in factory: An employer is
required to observe the health provisions like cleanliness,
disposal of waste effluents, ventilation and temperature, dust
and fume, over crowding, lighting, drinking water, latrine and
urinals and spittoons.

 Chapter IV - Safety provisions: The employer is required to

observe the safety provisions like fencing of machinery, work
on or near machinery in motion, employment of young
persons in dangerous machine, self acting machine,
prohibition of woman and child labour near cotton openers,
revolving machinery, pressure plant, protection of eyes and
appointment of Safety Officer etc.

 Chapter V - Welfare provisions: An employer is required to

follow welfare provisions such as washing facilities, facilities
for storing and drying clothing, facilities for sitting, first aid
appliances, canteen, shelters, lunch room, rest room, crèches
and appointment of Welfare Officer.

 Chapter VI - Working hours of adults: An employer is

required to follow the working hours and relating provisions
such as weekly hours, weekly holiday, compensatory holiday,
daily hours, intervals for rest, spread over, night shift,
prohibition of over lapping shifts, extra wages for overtime
and restriction on double employment etc.

 Chapter VII - Employment for young persons: An

employer is required to obey the provisions relating to
prohibition of young children, non adult workers to carry
tokens, certificate of fitness, working hours for children, notice
of period for work for children etc.

 The employer is also required to comply with the

following provisions :
1. To allow annual leave with wages to the workers.
2. To maintain Register of annual leave with wages, Register
of accidents, Register of whitewashing, Register of humidity,
Register of inspections, Register of adult workers etc.