The Factories Act, 1948
3.4.1 Objectives
Objectives are to regulate working condition
and hours, leave holidays, overtime,
employment of children, women, young
persons;
Ensures basic minimum requirements for
the safety, health, and welfare of the
workers,
3.4.2 Application
It applies to the factory, means:
o Any premises or the precincts
thereof in which manufacturing
process is being carried on and
wherein 10 or more persons with the
aid of power or 20 or more persons
are/were without the aid of power
working on any day of the preceding
12 months.(Sec.2(ii)
Compulsory approval from the Government
for cites construction and extension.
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Registration and renewal of factories to be
granted by Chief Inspector of Factories on
submission of prescribed form, fee and plan.
(Sec. 6)
Notice of change of manager by occupier to
be properly communicated to the Chief
Inspector of factories.
3.4.3 Health, safety and welfare
Employer to ensure health of workers
pertaining to:
o Cleanliness, Disposal of waste and
effluents, Dust and Fume,
Ventilation, Artificial
humidification, Lighting,
Overcrowding, Drinking water, and
Spittoons. (Ss. 11 to 20)
Safety Measures:
o Fencing of machinery, Work on or
near the machinery in motion,
Prohibition of young persons on
dangerous machines, Striking gear
and devices for cutting off power,
Self acting machines, Casing of new
machineries, Prohibition of
employment of women and children
near cotton openers, Hoists and lifts.
(Ss. 21 to 28 )
Welfare Measures:
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o Washing, Storing, Drying and Sitting
facilities,
o First aid box one for every 150
workers; Canteen when there are
more than 250 or more, Shelters and
Rest rooms when 150 or more,
Crèches when 30 or more female
workers and Welfare officer when
there are 500 or more workers are
employed. (Ss.42 to 49)
3.4.4 Working hours, Spread Over,
Overtime, Annual leave with wages
Weekly hours not more than 48;
Daily hours not more than 9 hours;
Intervals for rest at least ½ hour on
continuous working for 5 hours;
Rest day one for every six continuous
working day.
Spread over not more than 10 ½ hours;
Overlapping of shifts prohibited;
Extra wages for overtime - double than
normal rate of wages;
Restrictions on employment of women and
adolescent between 7 p.m. to 6 a.m.;
Prohibition of children below 14 years;
Working hours for children not more than 4
½ hours and rest interval of ½ hour after 2
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½ hours of continuous working, spread over
not more than 5 hours;
Weekly Overtime not more than 12 hours
and in quarter not to exceed 50 hours;
(Ss. 51 to 54, 56, 59 & 60, 67, 68 & 71)
A worker having worked for 240 days, he
shall be entitled for annual leave with wages
@ 1 day for every 20 days and child 1 day
for every 15 days.
Accumulation of this leaves 30 for adult and
40 for child employees, if not allowed to
avail this leave by the employer - no limit
for accumulation.
3.5 The Shops and Establishments Act,
1948
This is a State Act and almost every State
has enacted its Shops and Establishment
Act. The Gujarat has adopted The Bombay
Shops and Establishments Act.
Objectives are to regulate the working and
employment conditions of workers in the so
called unorganized sectors.
The Act regulates rights and obligations of
employers and employees
The Act generally provides for Registration,
Health, Safety, Working hours, Rest
intervals, Overtime, termination of service,
Inspection, Registers and Records, CasualSickness-Earned-Leave, holidays etc.
Employment of children below 12 years
prohibited.
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No dual employment.
No employment of women and young
persons during night.
It applies to shop, hotel, restaurant, club,
canteen, theatre, cinema, bank, insurance
organization, stock exchange, store-room,
godown, warehouses, office of lawyers,
chartered accountant, dispensary, hospital,
educational institution run for private gain,
journalist and printing establishments, etc.
The commercial establishments which are
not covered by the Factories Act or any
other Acts, they are covered under this Act.