Factories Act Part B (Health / Safety / Welfare) last appeared 2020. Six-year gap puts it overdue. Section 66 women / night restriction Part C last appeared 2019: also overdue. Prepare both to write-ready standard.
Why This Matters
A worker in a chemical factory inhales toxic fumes because the ventilation system has not been maintained. She develops chronic lung disease. The Factories Act, 1948 mandates that every factory maintain adequate ventilation, and the occupier is criminally liable for non compliance. This Act is the primary statute governing physical working conditions: what the factory must provide (health), what it must prevent (safety), and what it must facilitate (welfare). The syllabus requires knowledge of all three chapters of the Act.
Chapter Overview
This chapter answers three questions:
- What must the factory provide for worker health? Cleanliness, ventilation, temperature, dust control, sanitation, drinking water.
- What must the factory do to ensure safety? Fencing, hoists, pressure vessels, fire safety, floors, pits.
- What welfare facilities must be provided? Washing, canteen, rest rooms, creche, first aid.
Key Definitions
"Factory" means any premises including the precincts thereof:
(i) whereon 10 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on with the aid of power, or
(ii) whereon 20 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on without the aid of power.
- 10+ workers with power = factory
- 20+ workers without power = factory
- "Manufacturing process" is essential: no manufacturing = not a factory regardless of worker count
Includes 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.
"Occupier" means the person who has ultimate control over the affairs of the factory. The occupier bears primary responsibility for compliance.
📋 Facts: The owner of open salt works spread over open land, with no buildings beyond temporary shelters, was prosecuted for running an unlicensed factory. He argued the salt pans were not "premises" and converting seawater into salt was not a manufacturing process.
⚖️ Issue: Whether open land salt works fall within the definition of factory under Section 2(m).
🏛️ Held: They do. "Premises" includes open land (the precincts), and converting brine into crystallised salt is "otherwise treating or adapting an article with a view to its sale": a manufacturing process. The works were a factory.
🎯 Principle: Factory status turns on the manufacturing process and worker numbers, not on buildings, registration, or the permanence of the operation.
Chapter III: Health Provisions
The Act dedicates Sections 11 to 20 to worker health. These provisions impose mandatory obligations on the occupier.
- C leanliness (Section 11)
- V entilation and temperature (Section 13)
- D ust and fume control (Section 14)
- L ighting (Section 17)
- S pitting prohibition (Section 20)
Plus: - O vercrowding prevention (Section 16)
- W ater: drinking water supply (Section 18)
- S anitation: latrines and urinals (Section 19)
Key Health Provisions
Cleanliness (Section 11): Every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance. Floors must be cleaned at least once a week by washing, sweeping, or other effective method. Walls and ceilings must be repainted or varnished at prescribed intervals.
Ventilation and Temperature (Section 13): Effective provision shall be made for adequate ventilation by circulation of fresh air. Temperature must be maintained at a level that secures reasonable comfort. Where the nature of work generates excessive heat, the State Government may prescribe the maximum permissible temperature.
Dust and Fume (Section 14): Where any manufacturing process produces dust or fume to an extent likely to be injurious or offensive, effective measures shall be taken to prevent accumulation in the workroom and to protect workers from inhalation.
Drinking Water (Section 18): Effective arrangements shall be made to provide a sufficient supply of wholesome drinking water at convenient points. In factories employing more than 250 workers, the water shall be cooled during hot weather.
Chapter IV: Safety Provisions
Sections 21 to 41 cover safety. These are the most technical provisions and the most litigated.
- Fencing of machinery (Section 21)
- Work on or near machinery in motion (Section 22)
- Hoists and lifts (Section 28)
- Pressure plant (Section 31)
- Floors, stairs, and means of access (Section 32)
- Pits, sumps, openings (Section 33)
- Fire safety (Section 38)
- Safety officers (Section 40B): mandatory in factories with 1,000+ workers
Key Safety Provisions
Fencing of Machinery (Section 21): Every moving part of a prime mover, every flywheel connected to a prime mover, every part of a transmission machinery, and every dangerous part of any other machinery shall be securely fenced. The fencing must be constantly maintained and kept in position while the parts are in motion or in use.
Employment Prohibition on Dangerous Machines (Section 23): No person shall be employed at any dangerous machine unless they have been fully instructed as to the dangers arising and the precautions to be observed, and have received sufficient training, or are under adequate supervision by a person with thorough knowledge and experience of the machine.
Hoists and Lifts (Section 28): Every hoist and lift shall be of good mechanical construction, sound material, and adequate strength. Properly maintained, examined by a competent person at least once every six months. Maximum safe working load conspicuously marked.
Fire Safety (Section 38): Every factory shall be provided with means of escape in case of fire. Fire fighting equipment shall be maintained in good condition. Workers shall be adequately trained in the use of fire extinguishing equipment.
Safety Officers (Section 40B): Every factory employing 1,000 or more workers shall appoint safety officers with prescribed qualifications and duties.
📋 Facts: Oleum gas leaked from a unit of Shriram Foods and Fertilisers in a densely populated part of Delhi, shortly after the Bhopal disaster, injuring several people.
⚖️ Issue: What standard of liability applies to an enterprise engaged in an inherently hazardous industry.
🏛️ Held: Absolute liability. An enterprise engaged in a hazardous or inherently dangerous activity owes an absolute, non-delegable duty to the community. None of the Rylands v Fletcher exceptions apply, and compensation is correlated to the enterprise’s capacity.
🎯 Principle: Hazardous industry attracts absolute liability, stricter than strict liability. The constitutional backdrop to the statutory safety regime for hazardous processes.
Chapter V: Welfare Provisions
Sections 42 to 50 mandate facilities that go beyond physical safety into worker wellbeing.
- W ashing facilities (Section 42)
- C anteen (Section 46): mandatory if 250+ workers
- R est rooms / shelters (Section 47): mandatory if 150+ workers
- F irst aid (Section 45): one box per 150 workers, ambulance room if 500+ workers
- L unchroom (Section 47): mandatory if 150+ workers
Key Welfare Provisions
Washing Facilities (Section 42): Adequate and suitable washing facilities, conveniently accessible, separately provided for male and female workers.
First Aid (Section 45): Every factory shall provide and maintain first aid boxes at the rate of not less than one box for every 150 workers. Factories employing 500 or more workers shall maintain an ambulance room with prescribed equipment and nursing staff.
Canteen (Section 46): Where 250 or more workers are ordinarily employed, the State Government may require a canteen to be maintained by the occupier. The canteen shall be managed by a committee including worker representatives.
Rest Rooms and Shelters (Section 47): Where 150 or more workers are ordinarily employed, adequate and suitable rest rooms and lunch rooms shall be provided and maintained. Separate provision for women workers.
Creche (Section 48): Where 30 or more women workers are ordinarily employed, a suitable creche shall be provided and maintained for children under 6 years of age. Properly maintained, with adequate accommodation, trained staff, and adequate lighting and ventilation.
| Facility | Threshold | Section |
|---|---|---|
| First aid boxes | All factories (1 per 150 workers) | 45 |
| Ambulance room | 500+ workers | 45 |
| Canteen | 250+ workers | 46 |
| Rest rooms / lunch rooms | 150+ workers | 47 |
| Creche | 30+ women workers | 48 |
Employment of Women: Section 66
Section 66 restricts the hours during which women may be employed in factories. This is the most tested Part C topic from this file.
(1) No woman shall be required or allowed to work in any factory except between the hours of 6 AM and 7 PM.
(2) The State Government may, by notification, in respect of any factory or group or class or description of factories, vary the limits laid down in sub-section (1) but so that no change shall authorise the employment of any woman between the hours of 10 PM and 5 AM.
(3) There shall be no change of shifts for women workers except after a weekly holiday or any other holiday.
The rule in plain terms:
- Default hours for women: 6 AM to 7 PM only
- State can extend by notification but absolute floor: no woman may work between 10 PM and 5 AM under any notification
- Shift change only on a holiday, not mid-week
- 6 AM to 7 PM: default permitted window for women
- 10 PM to 5 AM: absolute prohibition under any circumstances
- State notification: can extend window (e.g., to 10 PM) but cannot breach the 10 PM to 5 AM floor
- Shift change: only after weekly holiday or other holiday
Why this matters for Part C: The classic problem is an employer who asks a woman worker to cover a night shift (say 9 PM to 5 AM) because a male colleague is absent. The student must apply Section 66 to determine: (a) which hours fall within the default prohibition, (b) whether the employer's request is lawful, and (c) what happens if the woman is dismissed for refusing.
| Provision | Scope | Trigger |
|---|---|---|
| Section 66, Factories Act | All women in factories, hours restriction | Time of day (7 PM to 6 AM default; 10 PM to 5 AM absolute) |
| Section 4(3), Maternity Benefit Act | Pregnant women only, nature of work restriction | Arduous work / long standing in last ~10 weeks before delivery |
Both can operate simultaneously: a pregnant woman at 7 PM is protected by both provisions.
The consent of the woman is irrelevant. Section 66 is a prohibition on the employer: no woman shall be required OR allowed to work outside the permitted hours. Even voluntary night work by a woman between 10 PM and 5 AM is unlawful. The employer who permits it commits an offence under Section 92.
Powers of Inspector
An Inspector may enter any place used as a factory, examine the premises, plant, machinery, and processes, require production of registers and documents, and take samples and photographs. The Inspector may also direct the occupier to take remedial measures.
The Inspector may also:
- Prohibit use of any part of the factory if there is imminent danger to life or health
- Institute prosecutions under the Act
- Take measurements and samples for analysis
Common Confusions
Wrong. The definition requires a manufacturing process. 10+ workers with power OR 20+ without power, and a manufacturing process must be carried on. An office with 50 employees is NOT a factory if no manufacturing process occurs there.
Wrong. All welfare provisions are mandatory obligations on the occupier once the threshold is met. A factory with 300 workers MUST have a canteen. Non compliance is a criminal offence.
Key Takeaways
Definition:
- Factory: 10+ with power, 20+ without, and manufacturing process
- Occupier: person with ultimate control
Health (Sections 11 to 20):
- Cleanliness, ventilation, temperature, dust/fume control, lighting, drinking water, sanitation
- All mandatory, non negotiable
Safety (Sections 21 to 41):
- Fencing of machinery, dangerous machine training, hoists/lifts, fire safety
- Safety officers mandatory for 1,000+ workers
Welfare (Sections 42 to 50):
- Washing, first aid (all factories), canteen (250+), rest rooms (150+), creche (30+ women)
- Thresholds are bright lines: once met, facility is mandatory
Inspector:
- Power to enter, examine, require documents, take samples
- Can prohibit use if imminent danger
Health provisions under Factories Act
Chapter III (Sections 11 to 20) mandates: (1) Cleanliness: floors cleaned weekly, walls repainted at prescribed intervals (Section 11). (2) Ventilation and temperature: adequate fresh air circulation, reasonable comfort (Section 13). (3) Dust and fume: effective measures to prevent accumulation and worker inhalation (Section 14). (4) Overcrowding prevention (Section 16). (5) Lighting: sufficient and suitable (Section 17). (6) Drinking water: sufficient supply at convenient points, cooled if 250+ workers (Section 18). (7) Latrines and urinals: adequate, separately for male and female (Section 19). (8) Spitting prohibition (Section 20). All provisions are mandatory obligations on the occupier.
Part A (6 marks)
Safety provisions under Factories Act
Chapter IV (Sections 21 to 41) mandates: (1) Fencing of every dangerous part of machinery (Section 21). (2) No employment on dangerous machines without instruction, training, or supervision (Section 23). (3) Hoists and lifts: good construction, examined every 6 months, safe load marked (Section 28). (4) Pressure vessels: properly maintained and examined (Section 31). (5) Floors, stairs: proper construction and maintenance (Section 32). (6) Fire safety: means of escape, fire fighting equipment, worker training (Section 38). (7) Safety officers mandatory in factories with 1,000+ workers (Section 40B).
Part A (6 marks)
Welfare provisions under Factories Act
Chapter V (Sections 42 to 50) mandates: (1) Washing facilities: adequate, accessible, separate for men and women (Section 42). (2) First aid: one box per 150 workers, ambulance room if 500+ (Section 45). (3) Canteen: mandatory if 250+ workers, managed by committee including workers (Section 46). (4) Rest rooms and lunch rooms: mandatory if 150+ workers (Section 47). (5) Creche: mandatory if 30+ women workers, for children under 6 (Section 48). All are mandatory once the threshold is met. Non compliance is a criminal offence.
Part B (15 marks)
Discuss the provisions relating to Health, Safety and Welfare of Labour under the Factories Act, 1948
- Factory definition Section 2(m): 10+ with power, 20+ without, manufacturing process required
- Occupier Section 2(n): ultimate control; manufacturing process Section 2(k)
- Chapter III Health (Sections 11 to 20): cleanliness, ventilation, dust, water, sanitation
- Chapter IV Safety (Sections 21 to 41): fencing, hoists, pressure plant, fire safety
- Chapter V Welfare (Sections 42 to 50): washing, canteen, rest rooms, creche, first aid
- Welfare thresholds: canteen 250+, rest rooms 150+, creche 30+ women, ambulance 500+
- Section 92: penalty for occupier including death cases (imprisonment 2 years + fine Rs. 2 lakh)