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FACTORIES ACT

1948

  View / Print Complete Act
Apprentices Act , 1961 Apprenticeship Rules , 1992 Boilers Act , 1923 Building Contruction Workers Act , 1996 Building Contruction Workers Cess Act , 1996 Building Contruction Workers Cess Rules , 1998 Child Labour Act , 1986 Code on Wages Act , 2019 Contract Labour Act , 1970 Dangerous Machines Act , 1983 Dangerous Machines Rules , 1984 EDLIS Scheme , 1976 Employees Compensation Act , 1923 Employees Pension Scheme , 1995 Employees Provident Fund Scheme , 1952 Employers Liability Act , 1938 Employment Exchanges Act , 1959 Employment Exchanges Rules , 1960 Equal Remuneration Act , 1976 Equal Remuneration Rules , 1976 ESI (Central) Rules , 1950 ESI (General Provident Fund) Rules , 1950 ESI (General) Regulations , 1950 ESI Act , 1948 Exemptions From Registers and Returns Act , 1988 Factories Act , 1948 Fatal Accidents Act , 1855 Gratuity Act , 1972 ID (Banking and Insurance Companies) Act , 1949 Industrial Disputes Act , 1947 Industrial Relations Code , 2020 Industrial Relations Code , 2020 Inter-State Migrant Workmen Act , 1979 Manipur Minimum Wage Rules , 1961 Maternity Benefit Act , 1961 Mines Act , 1952 Minimum Wages Act , 1948 Motor Transport Workers Act , 1961 Occupational Safety and Working Conditions Code , 2020 Payment of Bonus (Amendment) Act , 1995 Payment of Bonus Act , 1965 Payment of Bonus Rules , 1975 Payment of Wages (Air Transport Services) Rules , 1968 Payment of Wages Act , 1936 Payment of Wages Nomination Rules , 2009 Payment of Wages Recovery Rules , 1966 PF Act , 1952 Plantations Labour Act , 1951 Prevention of Food Adulteration Rules , 1955 Prevention of Sexual Harassment Act , 2013 Prevention of Sexual Harassment of Women Rules , 2013 PSARA , 2005 PSARA Rules , 2020 Sales Promotion Employees Act , 1976 Sales Promotion Employees Rules , 1976 Social Security Code , 2020 Standing Orders Act , 1946 Trade Unions Act , 1926 Transgender Persons Act , 2019 Unorganised Workers Social Security Act , 2008 Unorganised Workers Social Security Rules , 2009 Weekly Holidays Act , 1942 Working Journalists Act , 1955 Working Journalists Rates of Wages Act , 1958 Working Journalists Rules , 1957
Related Legislation: - Andhra Pradesh Factory Rules , 1950 - Assam Factories (Safety) Officers Rule, 1980 , 1980 - Assam Factories Welfare Officers (Recruitment and Conditions of Service) Rules, 1950 , 1950 - The Gujarat Factories Rules , 1963 - The Factories (Haryana) Exempting Rules , 1980 - The Punjab Factories Rules , 1952 - The Himachal Pradesh Factories Rules , 1950 - Karnataka Factories (Exemption of Workers) Rules , 1976 - Karnataka Factories Rules , 1969 - The Control of Major Industrial Accident Hazard (Karnataka) Rules , 1994 - The Karnataka Factories (Defining the Persons Holding Position of Supervision or Management) Rules , 1981 - The Control of Major Industrial Accident Hazard (Kerala) Rules , 1993 - The Kerala Factories Rules , 1957 - Maharashtra Welfare Officers (Duties, Qualifications and Conditions of Service) Rules , 1966 - Maharastra Safety Officers (Duties, Qualification and Conditions of Service) Rules , 1982 - The Maharashtra Factories (Control of Industrial Major Accident Hazards) Rules , 2003 - The Maharashtra Factories Rules , 1963 - Madhya Pradesh Factory Rules , 1962 - Delhi Factory Rules , 1950 - The Puducherry Factories Rules , 1964 - The Factories (Punjab) Exempting Rules , 1993 - The Punjab Factories Rules , 1952 - Rajasthan Factories Rules , 1951 - The Tamil Nadu Factories Rules , 1950 - UP Factories Rules , 1950 - The West Bengal Factory Rules , 1958

Definitions

Section Term Definition
2A Adult A person who has completed his eighteenth year of age
2B Adolescentr A person who has completed his fifteenth year of age but has not completed his eighteenth year
2BB Calendar yearh The period of twelve months beginning with the first day of January in any year
2C Child A person who has not completed his fifteenth year of age
2CA Competent persone In relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to-

(i) the qualifications and experience of the persons and facilities available at his disposal; or

(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory
2CB Hazardous process Any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, by-products, wastes or effluents thereof would-

(i) cause material impairment to the health of the persons engaged in or connected therewith, or

(ii) result in the pollution of the general environment

Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule
2D Young person A person who is either a child or an adolescent
2E Day A period of twenty-four hours beginning at midnight
2F Week A period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories
2G Power Electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency
2H Prime mover Any engine, motor or other appliance which generates or otherwise provides power
2I Transmission machinery Any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion f a prime mover is transmitted to or received by any machinery or appliance
2J Machinery Prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied
2K Manufacturing process (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or

(ii) pumping oil, water, sewage or any other substance, or

(iii) generating, transforming or transmitting power, or

(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels

(vi) preserving or storing any article in cold storage
2L Worker 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 cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union
2M Factory Any premises including the precincts thereof--

(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or

(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,-

but does not include a mine subject to the operation of the Mines Act, 1952 (XXXV of 1952), or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place

Explanation. I.-For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account

Explanation. II.-For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof
2N Occupier A factory means the person who has ultimate control over the affairs of the factory: Provided that-

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier

(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier

Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,-

(1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under-

(a) Section 6, Section 7, Section 7-A, Section 7-B, Section 11 or Section 12

(b) Section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock

(c) Section 18, Section 19, Section 42, Section 46, Section 47 or Section 49, in relation to the workers employed on such repair or maintenance

(2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under Section 13, Section 14, Section 16 or Section 17 (save as otherwise provided in this proviso) or Chapter IV (except Section 27) or Section 43, Section 44 or Section 45, Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Section 108, Section 109 or Section 110, in relation to--

(a) the workers employed directly by him, or by or through any agency

(b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person
2O * * *
2P Prescribedr Prescribed by rules made by the Sate Government under this Act;
2Q * * *
2R Relay/Shift Where work of the same kink is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a "group" or "relay" and each of such periods is called a "shift"