The Factories Act, 1948 is one of the most important pieces of labour legislation in India. It was enacted to ensure the safety, health, and welfare of workers employed in factories. The Act provides rules regarding working hours, working conditions, safety measures, and welfare facilities inside factories. As part of India’s labour law framework, this Act aims to balance industrial growth with the protection of workers’ rights, making it a cornerstone of labour welfare.
Background of the Factories Act, 1948
The regulation of factories in India began during the British period, with the first Factories Act introduced in 1881. Over the years, several amendments were made to improve workers’ conditions, but these provisions remained inadequate. After independence, the need was felt for a comprehensive law that would cover health, safety, welfare, and working hours of labour in factories. The Factories Act, 1948 was thus enacted, replacing earlier legislations, and came into force on 1st April 1949. It was influenced by international labour standards, particularly the recommendations of the International Labour Organization (ILO).
Objectives of the Act
The Factories Act, 1948 was enacted with multiple objectives to safeguard workers and promote healthy working conditions. These objectives include:
- Ensuring safety of workers: To reduce risks of accidents and occupational hazards in factories.
- Promoting health and hygiene: To provide clean and hygienic conditions within factories.
- Securing welfare measures: To ensure workers have access to facilities such as drinking water, canteens, restrooms, and crèches.
- Regulating working hours: To limit excessive working hours and provide for rest, leave, and overtime payment.
- Protecting women and young workers: To restrict their working hours and prohibit employment in hazardous processes.
Applicability of the Act
The applicability of the Factories Act is defined in terms of establishments and types of employment it covers.
- Factories covered: The Act applies to any premises where 10 or more workers are employed with the aid of power, or 20 or more workers are employed without power.
- Geographical coverage: It extends to the whole of India.
- Employers’ responsibility: Owners and occupiers of factories are required to comply with the provisions of the Act.
- Workers protected: It applies to both adult and adolescent workers employed in factories, with specific provisions for women and young persons.
Key Definitions under the Act
The Act provides certain definitions to make its scope clear:
- Factory: Any premises where a manufacturing process is carried out with or without power and where the prescribed number of workers are employed.
- Worker: A person employed directly or indirectly in a manufacturing process, regardless of whether they are paid wages or not.
- Occupier: The person who has ultimate control over the affairs of the factory.
- Manufacturing process: Any process involving making, altering, repairing, packing, finishing, or similar operations with a view to produce goods.
Important Provisions of the Act
The Factories Act lays down a wide range of provisions for regulating factories. Some of the major ones are:
- Health provisions: Cleanliness, disposal of wastes, ventilation, dust and fume control, and provision of safe drinking water.
- Safety provisions: Precautions against machinery accidents, use of protective equipment, fencing of machinery, and appointment of safety officers.
- Welfare provisions: Facilities like canteens, first-aid appliances, crèches for children, washing facilities, and restrooms for workers.
- Working hours: Maximum of 48 hours a week and 9 hours a day, with provisions for overtime pay. Weekly holidays and rest intervals are compulsory.
- Women and young workers: Prohibits employment of children below 14 years, regulates working hours of adolescents, and restricts women from working in night shifts or hazardous processes.
- Annual leave with wages: Workers who have worked for at least 240 days in a year are entitled to annual leave with wages.
- Inspectors and enforcement: Inspectors are appointed to ensure compliance, examine records, and take action against violations.
Amendments and Modern Relevance
The Factories Act, 1948 has been amended several times to keep pace with changing industrial practices and safety standards. Amendments included stricter provisions for hazardous processes, introduction of safety officers, and better welfare measures. In recent years, with the passage of the Occupational Safety, Health and Working Conditions Code, 2020, the Factories Act, 1948 has been subsumed into a broader legal framework. However, its principles remain highly relevant in ensuring safe and fair working conditions in industries.
Importance of the Factories Act, 1948
The Factories Act holds great importance as it directly deals with the physical and mental well-being of workers in industrial establishments.
- Worker protection: It safeguards workers against exploitation, long working hours, and unsafe practices.
- Health and safety: It ensures a hygienic and safe working environment, reducing risks of accidents and diseases.
- Industrial peace: By regulating working conditions, it reduces disputes and creates better employer-employee relations.
- Foundation for modern laws: It laid the basis for modern occupational safety and labour welfare legislations in India.
Relevance for UPSC EPFO and Other Exams
The Factories Act, 1948 is a very important topic for competitive exams such as UPSC EPFO, SSC, State PSCs, and other labour law-related tests. Questions are often asked about the definition of factory, working hours, health and safety provisions, and restrictions on employment of children and women. For EPFO in particular, knowledge of this Act is essential as it reflects the government’s approach to labour welfare, industrial safety, and regulation of employment conditions.
FAQs
Q1. What is the Factories Act, 1948?
It is a labour law enacted to ensure health, safety, and welfare of workers employed in factories across India.
Q2. To which factories does the Act apply?
It applies to premises with 10 or more workers using power, or 20 or more workers without power.
Q3. What are the key provisions of the Factories Act?
The Act covers health, safety, welfare, working hours, leave with wages, and special protections for women and young workers.
Q4. How many working hours are allowed under the Act?
Workers can work a maximum of 48 hours a week and 9 hours a day, with overtime pay for extra work.
Q5. Is the Factories Act, 1948 still in force?
It has been subsumed under the Occupational Safety, Health and Working Conditions Code, 2020, but its principles remain relevant.
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