1. HEALTH ,SAFETY AND WELFARE
THE FACTORIES ACT, 1948
HEALTH ,SAFETY AND WELFARE

2. OBJECTIVE
The main objective of the Act is not only to ensure adequate safety measures but also to promote health and welfare of the workers employed in factories as well as to prevent haphazard growth of factories.

3. MEANING
m) "factory" means 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

4. MEANING OF FACTORY
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 (35 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].

5. c) Manufacturing process
 means any process for: -
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 of 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.

6. State of Bombay v Ali Saheb Tamboli
Bidi making is a manufacturing process.

7. Ardeshir v Bombay State
It was held that the  salt was manufactured from sea water by applying different processes which shows that it is due to human agency aided by natural forces, that salt is extracted from sea water. The process carried out in the salt worked comes within the definition of 'manufacturing process' in section 2(k) inasmuch as salt can be said to have been manufactured from sea water by the process of treatment and adaptation of sea water into salt.

8. Salt was manufactured from sea water.
It was a manufacturing process in as much as salt can be said to have manufactured from sea water by the process of treatment and adaptation of sea water into salt.

9. Uttaranchal Forest Development Corporation and Another v Jabar Singh & Others
The process of cutting trees by axe and changing shape by saw and conversion of trees into logs for purpose of sale and disposal fell within the scope of manufacturing process under Section 2 K.

10. Kumbakonam Milk Supply Coop Society v Regional Director E.S.I
The petitioner society was engaged in purchasing milk from its members and to sell the same.
It was held that preserving any article such as milk in cold storage is a manufacturing process and hence the society was a factory.

11. Taj Mahal Café Ltd Mangalore v Inspector of Factories ,Mangalore
The preparation of foodstuffs and other eatable in kitchen of a restaurant and use of refrigerator for treating or adapting any article with a view to its sale were also held to be manufacturing process.

12. K.V.V Sharma case
Conversion of raw films into a finished product was held to be a manufacturing process. The Act is not limited to manual labour only but it also applies to intellectual, aesthetic and artistic labour also.
Raw film is an article or a substance and by the process of treating or adapting it is rendered fit to be screened in a Cinema Theatre .

13. Therefore the process of conversion of raw film into film exhibition in a cinema theatre is a manufacturing process under Section 2 K.

14. Gujarat Electricity Board vs state of Gujarat and Anr
The court had to determine whether the conversion of high voltage into low voltage and distribution of electricity amounts to manufacturing process. It was held that these activities are not covered by the expression 'manufacturing process" as envisaged under Section 2(k) of the Factories Act because these activities do not involve generation of power. Therefore any sub-station engaged in conversion or distribution of electricity is not a factory.

15. Dr P.S.S Sundar Rao G.S Vs Inspector of Factories Vellore10
 The question whether a laundry attached to the Christian Medical College and Hospital Vellore is a factory within the meaning of this Act. The Madras High Court held that the laundry run by the Hospital cannot be separated from the main institution. In order to ensure high degree of hygienic standard the Hospital is having its own laundry for washing linen used in the Hospital. Therefore, laundry is only subsidiary, minor or incidental establishment of the Hospital which is not a factory.

16. One department of the Hospital established for the efficient functioning of the Hospital cannot therefore be disjoined from the main institution and termed as a factory. The paramount or the primary character of the main institution alone has to be taken into consideration and when the main institution is not a factory; a department thereof cannot become so even though a manufacturing process is carried on there.

17. Workmen of Ashok Leyland Ltd and Ashok Leyland Coop Canteen Ltd, V a
A canteen was run by cooperative society as required by Section 46 of the Act.
The canteen became defunct employees claimed to be treated as employees of the factory.
When a canteen is run by a co-operative Society as separate entity and it becomes defunct ,the occupier of the factory does not become the employer of the workmen employed in the canteen.

18. M/S Qazi Noorul H.H.H Petrol Pump and Another – Appellant Vs Deputy Director, E.S.I. Corporation - Respondent
As pumping oil is a manufacturing process, ESI Act is also applicable to petrol pumps
Facts of the Case: Appellant runs a petrol pump for dispensing petrol/diesel. He was issued an order by the respondents directing to pay contribution under the Act (Employee’s State Insurance Act, 1948) for past period along with interest. Failing the same respondents may issue recovery under Section 45C and 45G of the Act. Appellant challenged this order before the Allahabad High Court challenging the applicability of the Act to petrol pumps. The petition was dismissed. Hence, an appeal was filed before Supreme Court. Supreme Court considered that Sec. 1(4) of the Act states that the Act shall apply to all factories. ‘Factory’ means any premises including the precincts thereof, wherein in preceding 12 months manufacturing process is carried on by employing, -

19. 10 or more persons with aid of power; or -20 or more persons without aid of power. Also, it clarified that expressions “manufacturing process” and “power” used in the Act, have the same meaning as in the Factories Act, In connection with the same, Sec. 2(k)(ii) of the Factories Act states that pumping oil is a manufacturing process. As when petrol/diesel is to be filled in a vehicle, petrol/diesel is in a tank and it does not on its own flow from the tank to the pipe and thereafter into the vehicle, but only by means of a pump using power.  Decision: Hon’ble Supreme Court held that the ESI Act applies to the petrol pumps. Hence, the appellants were ordered to make ESI contributions with interest but the rate of interest was reduced to 10% on principal amount. No order as to costs.

20. Pumping oil in a petrol pump is manufacturing process,but it is not manufacture under Central Excise Law. It is manufacture under the Factories Act, The principle is that the definition is one law is not valid for another law.
Employees’ State Insurance Act 1948 applies to all factories. Petrol pump is a factory by dint of Section 2(12) of this Act because factory means any premises where 10 or more persons are employed for wages and in any part of which a manufacturing process is carried out. Now manufacturing process includes pumping oil under Section 2(k)(ii) of the Factories Act Thus, legally a petrol pump is carrying on manufacturing process. Therefore it is liable to pay contribution under the Employees’ State Insurance Act. After holding this legal position, the Supreme Court has observed by way of clarification that the word manufacturing process or manufacture does not mean the same thing in all the statutes. The word manufacture under the Central Excise Act means bringing into existence a different commodity, whereas under the Factories Act simply pumping oil becomes a manufacturing process.

21. To a layman, it is conceptually somewhat difficult to accept that merely pumping petrol in petrol pump is manufacture. But, when the purpose is taken into account, it becomes easy to understand. The idea is to provide insurance cover to the workers when they are more than 10 working in an enterprise where pumping oil or water or sewerage or any other substance is going on. That is why in the Factories Act the definition of manufacturing process is very wide. The definition also includes repairing, refitting, finishing of ship or vessel. This definition includes so many activities which are strictly not manufacture as we understand in common parlance.

22. Definition goes with the purpose of the Act
Definition goes with the purpose of the Act. A definition in one Act is not applicable in another Act because the purposes are different. The Prevention of Food Adulteration Act has its purpose so wide that practically anything a person puts into his mount comes under its fold. But excise or customs law does not have such wide range of purpose. In Central Excise food is understood in a completely different meaning. Gambier which is a condiment taken with betel leaf is by no means regarded as food by anybody. But Gambier (an ingredient used in betet nut)is a food under the prevention of Food Adulteration Act because the idea of this Act to prevent food adulteration. Even biscuits or ice cream or cold drinks are not regarded as food in common parlance. So they don’t get the benefit of exemption on food but they are food under the Prevention of Food Adulteration Act.

23. However, the Bombay High Court has observed[2] that the principle that a definition given to a word or expression in a particular Act cannot be utilised for the interpretation of a similar word or expression occurring in a different Act is not ‘an absolute principle of law’. Said the Court, ‘generally it is so but in a given case the definition given in a particular statute not being repugnant, may be used to construe and interpret the same expression occurring in another statute. In this Bombay case the popular meaning of drugs for the purpose of excise law and the definition of drugs in the Drugs and Cosmetics Act are not different and so there was no harm in consulting the definition of the other Act.

24. Section 6. Approval, licensing and registration of factories.-
(1) The State Government may make rules-
(a) requiring for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government ;
(aa) requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;
(b) requiring for the purpose of considering applications for such permission the submission of plans and specifications;

25. c) prescribing the nature of such plans and specifications and by whom they shall be certified;
(d) requiring the registration and licensing of factories, or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;
(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.

26. 2) If on an application for permission referred to in 22[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspectors by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

27. Section 7. Notice by occupier.-
(1) The occupier shall, at least fifteen days before he begins to occupy or, use any premises as a factory, send to the Chief Inspector a written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building (including the precincts thereof ) referred to in section 93;
(c) the address of which communication relating to the factory may be sent;

28. d) the nature of the manufacturing process-
(i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and
(ii) to be carried on in the factory during the next twelve months in the case of all factories;
(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate standby plant;
(f) the name of the manager of the factory for the purposes of this Act;
(g) the number of workers likely to be employed in the factory:
(h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act;

29. Section 7A. General duties of the occupier
(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include-
(a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
(b) the arrangement in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

30. c) the provision of such information, instruction, training and supervisions as are necessary to ensure the health and safety of all workers at work;
(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such place as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.

31. J. K. Industries Ltd vs Chief Inspector of Fisheries and Boilers Ultimate Control
The definition of `occupier' has a long and chequered history. The amendment of 1987 made significant changes in it and Sec. 100 of the Act was deleted. A stricter provision in Sec. 2(n) was introduced by incorporating the first proviso.
A remote but ultimate control clothes a person with the position of occupier. That the legislature intended that the person having ultimate control over the affairs of the factory has to be regarded as its occupier is evident from the first proviso. The proviso has been made in a mandatory form.

32. J. K. Industries Ltd vs Chief Inspector of Fisheries and Boilers (1996 (7) SCALE 247),
In this landmark case decided by the Supreme Court observed that by the Amending Act, 1987, the legislature wanted to bring in a sense of responsibility in the minds of those who have the ultimate control over the affairs of the factory so that they take proper care for maintenance of the factories and the safety measures therein. The fear of penalty and punishment is bound to make the board of directors of the company more vigilant and responsive to the need to carry out various obligations and duties under the Act, particularly in regard to the safety and welfare of the workers.

33. ``any one of the directors shall be deemed to be the occupier''
Proviso (ii) was introduced by the Amending Act couched in a mandatory form - ``any one of the directors shall be deemed to be the occupier'' - keeping in view the experience gained over the years as to how the directors of a company managed to escape their liability for various breaches and defaults committed in the factory by putting up another employee as a shield and nominating him as the `occupier' who would willingly suffer penalty and punishment.
It was held that where the company owns or runs a factory, it is the company which is in the ultimate control of the affairs of the factory through its directors. Even where the resolution of the board says that an officer or employee other than one of the directors shall have ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company to one of its employees or officers, except where there is a complete transfer of the control of the affairs of the factory.

34. The Inspector of Factories may initiate proceedings against anyone of the directors as the deemed occupier.
An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory. This interpretation of an `occupier' would apply to all provisions of the Act wherever the expression `occupier' is used, and not merely for the purposes of Sec. 7 or Sec. 7A of the Act.
The Supreme Court further held that proviso (ii) is not ultra vires the main provision of Sec. 2(n) and, as a matter of fact, there is no conflict at all between the main provision of Sec. 2(n) and proviso (ii) thereto. Both can be read harmoniously and when so read in the case of a company, the occupier of a factory owned by a company would mean any one of the directors of the company who has been notified/identified by the company to have ultimate control over the affairs of the factory. And where no such director has been identified, then, for the purposes of prosecution and punishment under the Act, the Inspector of Factories may initiate proceedings against anyone of the directors as the deemed occupier.
The Supreme Court further held that there is nothing unreasonable in fixing the liability on a director of a company and making him responsible for compliance with the provisions of the Act and the rules made thereunder and laying down that if there is contravention under of the provisions of the Act or an offence is committed under the Act the notified director and, in the absence of the notification, anyone of the directors of the company shall be prosecuted and shall be liable to be punished as the deemed occupier.

35. Indian Oil Corporation vs Chief Inspector of Factories
In another Supreme Court case, Indian Oil Corporation vs Chief inspector of Factories [1998(4) SCALE 116], it was observed that it is the Government which looks after the successful implementation of the Factories Act and, therefore, it is not likely to evade its implementation. That appears to be the reason why the legislature thought it fit to make a separate provision for the Government and local authorities, and so on. The legislature has provided that in the case of a factory owned or controlled by any of these authorities the person or persons appointed to manage the affairs of the factory shall be deemed to be the occupier. Therefore, if it is a case of a factory, in fact and in reality, owned or controlled by the Central Government or other authority, the person or persons appointed to manage the affairs of the factory shall have to be deemed to be the occupier even though for better management of such a factory, a corporate form is adopted by the Government.
It was held in the case that the relevant provisions regarding the establishment of the appellant corporation and its working leave no doubt that the ``ultimate control'' over all the affairs of the corporation, including opening and running of the facto ries, is with the Central Government. Acting through the corporation is only a method employed by the Central Government for running its petroleum industry. In the context of Sec. 2(n), it will have to be held that all the activities of the corporation a re really carried on by the Central Government with a corporate mask.

36. 7B. General duties of manufacturers, etc
7B. General duties of manufacturers, etc., as regards articles and substances for use in factories
(1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall-
(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);

37. (i) in connection with the use of the article in any factory;
(c) take such steps as may be necessary to ensure that adequate information will be available
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the, when put to such use, will be safe, and without risks to the health of the workers

38. Section 8. Inspectors.-
(1) The State Government may, by notification in the Official Gazette, appoint such persons as possessing the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.
(2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to powers conferred on Chief Inspector under this Act, exercise the powers of an Inspector throughout the State.
(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification.

39. Section 9. Powers of Inspectors.-
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,-
(a) enter with such assistants, being persons in the service of the Government, or any local or other public authority or with an expert, as he thinks fit, any place which is used, or which he has reason to believe, is used as a factory;
(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry;
(d) require the production of any prescribed register or any other document relating to the factory;
(e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed;

40. (i) exercise such other powers as may be prescribed.
f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b);
(g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment;
(h) in case of any article of substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination;
(i) exercise such other powers as may be prescribed.

41. 10. Certifying surgeons
(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively.

42. DUTIES
(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with-
(a) the examination and certification of young persons under this Act;
(b) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed;
(c) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where-
(i) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein;

43. CHAPTER III.- Health Section 11. Cleanliness.
Section 12. Disposal of wastes and effluents.
Section 13. Ventilation and temperature.
Section 14. Dust and fume.
Section 15. Artificial humidification.
Section 16. Overcrowding
Section 17. Lighting.

44. Section 18. Drinking water Section 19. Latrines and urinals.
Section 20. Spittoons

45. CHAPTER IV.- Safety Section 21. Fencing of machinery
Section 22. Work on or near machinery in motion.
Section 23. Employment of young persons on dangerous machines.
Section 24. Striking gear and devices for cutting off power.

46. Section 25. Self-acting machines. Section 26. Casing of new machinery.
Section 27. Prohibition of employment of women and children near cotton-openers.
Section 28. Hoist and lifts
Section 29. Lifting machines, chains, ropes and lifting tackles. 

47. Section 30. Revolving machinery. Section 31. Pressure plant.
Section 32. Floors, stairs and means of access. 
Section 33. Pits, sumps, openings in floors, etc.
Section 34. Excessive weights.

48. Section 35. Protection of eyes.
Section 36. Precautions against dangerous fumes, gases, etc.
Section 36A. Precautions regarding the use of portable electric light.
Section 37. Explosive or inflammable dust, gas, etc. -

49. Section 38. Precautions in case of fire.
Section 39. Power to require specifications of defective parts or tests of stability.
Section 40. Safety of buildings and machinery.
Section 40A. Maintenance of buildings.
Section 40B. Safety Officers

50. CHAPTER IVA.- Provisions relating to Hazardous Processes
Section 41. Power to make rules to supplement this Chapter.
Section 41A. Constitution of Site Appraisal Committees. -
(1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee consisting of-
(a) the Chief Inspector of the State who shall be its Chairman;
(b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) ;
(c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (

51. d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);

52. (f) a representative of the Department of Environment in the State;
(g) a representative of the Meteorological Department of the Government of India;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of the State Government,
and not more than five other members who may be co-opted by the State Government who shall be- ,
(i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory,
(ii) a representative of the local authority within whose jurisdiction the factory is to be established, and

53. (iii) not more than three other persons as deemed fit by the State Government
(2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee.

54. 4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process.
(5) Where the State Government has granted approval to an application for the establishment of expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act, l974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 {14 of 1981).

55. CHAPTER V.- Welfare Section 42. Washing facilities.-
(1) In every factory-
(a) adequate and suitable facilities for washing shall be provided and maintained for use of the workers therein;
(b) separate and adequately screened facilities shall be provided for the use of male and female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.

56. Section 43. Facilities for storing and drying clothing.-
Section 44. Facilities for sitting.-
(1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.

57. Section 45. First-aid-appliances. Section 46. Canteens
Section 47. Shelters, rest-rooms and lunch-rooms.
Section 48. Creches 
Section 49. Welfare Officers

58. 48. Creches
(1) In every factory wherein more than 69[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

59. Section 51. Weekly hours. -
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

60. Section 52. Weekly holidays. -
(1) No adult worker shall be required or allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless-
(a) he has or will have a holiday for whole day on one of three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,-

61. Section 55. Intervals for rest. -
Section 54. Daily hours. -
Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
Provided that subject to the previous approval of the Chief Inspector the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.
Section 55. Intervals for rest. -
(1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

62. Section 59. Extra wages for overtime. -
(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

63. 66. Further restrictions on employment of women
(1) The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:
(a) no exemption from the provisions of section 54 may be granted in respect of any woman;
(b) no woman shall be 86[required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M.:
PROVIDED that the State Government may, by notification in the Official Gazette, in respect of 87[any factory or group or class or description of factories,] vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.
3[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.]

64. CANTEENS, SHELTERS OR REST ROOMS AND CRECHES
AMBULANCE ROOM
If the factory employs more than 500 workers, an ambulance room in the charge of such medical and nursing staff as prescribed shall be provided and maintained.
CANTEENS, SHELTERS OR REST ROOMS AND CRECHES
Canteens are to be provided in factories employing over 250 workers and lunch rooms, shelters and rest rooms in those employing more than 150 workers. In every factory wherein more than 30 women workers are employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
WELFARE OFFICER
In every factory wherein 500 or more workers are ordinarily employed, the occupier shall employ in the factory such number of Welfare Officers as may be prescribed.

65. 67. Prohibition of employment of young children
No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

66. 68. Non-adult workers to carry tokens
A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless-
(a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to such certificate.

67. 9. Certificates of fitness
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew-
(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory:

68. 71. Working hours for children
(1) No child shall be employed or permitted to work in any factory
(a) for more than four and a half hours in any day;
6[(b) during the night.
Explanation: For the purpose of this sub-section "night" shall mean a period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6 P.M.]
(2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (5)
No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.].

69. Factories Act revamp may signal labour law reforms
Just days before the Union Budget, the Centre on Monday said it planned to amend the archaic Factories Act, the first move in more than a decade to revamp labour laws. Most governments have avoided labour reforms for fear of a backlash from the politically powerful labour lobby .
Firms have cited obsolete labour laws as a key hurdle to doing business; the government's move is expected to send out a positive signal as it gets down to the business of attracting investment. It also sits well with its pledge to ease the processes of doing business and make India an attractive destination, revive manufacturing and create jobs.

70. Minister of state for mines, steel and labour Vishnu Deo told the LokSabha in a written reply that the proposed major amendments would include relaxing restrictions on night duty for women in factories subject to certain conditions and increase in the limit of overtime to 100 hours (existing 50 hours) in a quarter

71. It would also include the provision of protective equipment for safety of workers and more precautions against fumes and gases. The central government would be empowered to make rules, a departure from the current practice where states frame the rules.
Experts said the proposed changes to the Factories Act would ensure employees' health safeguards. The plan to allow women to work in night shifts would benefit sectors such as textiles and garments.

72. “Changes to the Factories Act will help reduce red tape, end inspector raj and bring in transparency for workers and employers,“ said Sanjay Bhatia, president, Ficci Confederation of Micro, Small and Medium Enterprises.
The intention to amend the Act comes after the BJP government in Rajasthan moved to amend four central laws which include the Industrial Disputes Act, the Contracts Labour Act, the Factories Act and the Apprenticeship Act.
Current rules stipulate that the Factories Act would be applicable to manufacturing units employing at least 10 workers and operating on power, and 20 employees for those units without power.

73. “The final version of the amendments should be discussed with the trade unions,“ said A K Padmanabhan, president of CITU. PARADIGM SHIFT Women on night shift, rise in overtime limit likely Move to ensure health safeguards for employees Signal to investors to set up manufacturing units Firms cite archaic labour laws as key biz hurdle Retail giant Carrefour announces India exit French major Carrefour, the world's second largest retailer, on Monday announced its exit from India, months after the Narendra Modi-led NDA government made it clear that it was opposed to FDI in multi-brand retail.
“Carrefour today announced its intention to close its five cash-and-carry stores in India, where it has operated since The closure of Carrefour's business in India will be effective at the end of September “ the French retail giant said in a statement on its website late Monday evening