Cleanliness (Sec.

11)
➢ Accumulation of dirt shall be removed daily.

➢ The floor of every workroom shall be cleaned at least once in a week.

➢ All inside walls, partitions, ceilings must be repainted or varnished once in every five
years.

➢ All doors and windows frame other wooden or metallic framework and shutters shall be
kept painted or varnished.

Disposal of Wastes & Effluents (Sec.12)

➢ Every occupier of a factory shall make effective arrangements for the treatment of wastes
and effluents due to the manufacturing process carried on in the factory so as to render
them innocuous and for their disposal.

Ventilations & Temperature (Sec.13)

➢ Adequate ventilation by the circulation of fresh air. ➢ Reasonable temperature must be
maintained

Dust and Fume (Sec.14)

➢ The exhaust fumes of internal combustions engines must be conducted outside of the
factory.

➢ Injurious or offensive dust and fumes must be inhaled or accumulated.

Artificial humidification (Sec.15)

1) In respect of all factories in which the humidity of the air is artificially increased, the
State Government may make rules,

❖ prescribing standards of humidification;

❖ regulating the methods used for artificially increasing the humidity of the air

❖ directing prescribed tests for determining the humidity of the air to be correctly carried
out and recorded
❖ prescribing methods to be adopted for securing adequate ventilation and cooling of the
air in the workrooms.

(2) In any factory in which the humidity of the air is artificially increased, the water used for
the purpose shall be taken from a public supply, or other source of drinking water, or shall he
effectively have purified before it is so used. For example: In certain industries like cotton,
textile, cigarette, etc., higher degree of humidity is required for carrying out the
manufacturing process. For this purpose, humidity of the air is artificially increased. This
increase or decrease in humidity adversely affects the health of workers.

Overcrowding (Sec.16)
➢ The overcrowding affects the workmen not only in the discharge of duties but also their
health.

➢ The working space should be 9.9 cubic meters of space per worker in every workroom
before the commencement of this Act.

➢ And after the commencement of this Act, the space per worker is 14.2 cubic meter.

➢ Roof shall be 5 mts (14ft.) above the floor

Drinking Water (Sec.18)

➢ The place of drinking water shall not be situated within six meters of any washing place,
urinal, spittoon, open drain or any source of contamination.

➢ Effective arrangements shall be made to provide a sufficient supply of wholesome

drinking water.

Latrines and Urinals (Sec.19)

➢ Sufficient latrine and urinal accommodation of prescribed types shall be provided and
conveniently situated to make them accessible to workers at all times while they are at the
factory.

➢ It should be adequately lighted, ventilated.

➢ Latrines and urinals must be kept in a clean and sanitary condition.

Spittoons (Sec.20)
➢ There should be sufficient number of spittoons in convenient place.

➢ It must be maintained in a clean and hygienic condition.

➢ No persons shall spit expect in the spittoons.

INTRODUCTION: LABOUR AND WELFARE:

➢ The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the
factory premises such as canteens, rest and recreation facilities, housing and all other
services that contribute to the wellbeing of workers. Welfare measures are concerned with
general wellbeing and efficiency of workers. In the early stages of industrialization, welfare
activities for factory workers did not receive adequate attention.

Working conditions of factory workers in India has been historically very pathetic. Due to
poverty and exploitation by factory owners, workers had practically no option. Due to an
increase in industrial activity in the latter half of the 19th century, attempts were made to
improve the condition of the workers many times by the reports of the Royal Commission
through various acts. The act of 1948 builds upon the act of 1934 after understanding the
defects and weaknesses of the earlier act. An important change was the widening the
definition of a 'Factory' to include any industrial establishment employing 10 or more people
that uses power, or any industrial establishment that employs more than 20 people that
does not use any power. Other important changes were:

 Increasing the minimum age of children eligible to work from 12 to 14.

 Reducing the hours of work for children from 5 to 4 and a half.

 Prohibiting children from working after 7 PM and before 6 AM.

 Explicit and special focus on health, safety, and welfare of all sorts of workers.

WELFARE MEASURES
➢ The welfare measures involve three major aspects which are - occupational health care,
suitable working time and appropriate salary.

➢ It refers to the physical, mental, moral, and emotional well-being of an individual.

➢ The welfare measures aim at integrating the sociopsychological needs of employees, the
unique requirements of a particular technology, the structure and processes of the
organization and the existing sociocultural environment. It creates a culture of work
commitment in organizations and society which ensure higher productivity and greater job
satisfaction to the employees.

• Due to the welfare measures, the employees feel that the management is interested
in taking care of the employees that result in the sincerity, commitment and loyalty
of the employees towards the organization. The employees work with full
enthusiasm and energetic behaviour which results in the increase in production and
ultimately the increased profit.
• The measures of welfare give result after a long period of time. It is a long process, so
the management has to keep patience while providing the welfare facilities for the
employees. While deciding the welfare facility for the employees, the management
has to do discussions with the persons who are now going to avail the facilities. The
communication increases the cohesiveness between the management and the
employees and thus industrial relations improve.

WELFARE PROVISIONS (42-50)

• WASHING FACILITIES(SEC-42)

(a) Firstly, provide and maintain adequate and suitable facilities for washing for all the
workers in the factory

(b) Secondly, provide separate and adequately screened facilities separately for men and
women.

(c) Thirdly, make accessible all the facilities to all the workers.

*The state govt prescribes the standards.

• Facilities for storing and drying clothes (SEC-43)

This section contests some powers with the State Government. It states that the State
Government has the powers to direct the factories regarding the place of storing the clothes
of the workers.

Moreover, they can also direct them regarding the manner of drying the clothes of the
workers. It applies to the situation when workers are not wearing their working clothes.
Facilities for sitting (SEC-44)
• There are various kinds of jobs in a factory. Some of them require the workers to
stand for a longer period of time. There is no doubt that human power to stand has
limits. Looking at such case, this section states:

(a) Firstly, the factory should provide suitable arrangements for sitting for the workers.
This is important because whenever the worker gets some free time, he/she may be able
to take some rest by sitting. This will also enhance their efficiency.

(b) Secondly, if the Chief Inspector finds that any worker can do his work more efficiently
while sitting then he can direct the factory officials to arrange sitting arrangements for
him.

First-aid-appliance (SEC-45)
• Injuries are somehow an inescapable part of life for the workers especially working in
the factories. Looking at the safety and welfare of the workers this section provides
that:
• The factory should provide and maintain proper first-aid boxes at every workroom.
Under this Act, the number of boxes should not be less than one for every 100 or 50
workers. Moreover, the first-aid boxes should have all the relevant contents
according to the Act.

➢ There should be nothing except the prescribed contents in a first-aid box.

➢ Each box should be under control of a first-aid in-charge who will handle all its
requirements and its utilization. The in-charge should be an expert in First-aid field.

➢ In case the number of workers exceeds 500, then the factory should arrange an
‘Ambulance Room’ with the availability of all necessary equipment.

Canteens (SEC-46)
(a) Every factory where the number of workers exceeds 250, then the State Government
may direct the factory owners to provide and maintain a canteen for the workers.

(b) Moreover, the government may lay down certain conditions in the construction of
canteen, like:

1. the standard in respect of construction, accommodation, furniture and other

equipment of the canteen
2. the foodstuffs to be served therein

3. the date by which such canteen shall be provided 4. the constitution of a managing
committee for the canteen.

Shelters, rest-rooms, and lunch-rooms (SEC-47)

This section states:

(a) If the number of workers in a factory crosses 250, then the factory owners should
construct and maintain shelters, rest-rooms and lunch rooms for the workers. It allows
the workers to eat the food which they bring along with them.

(b)The shelters, rest-rooms and lunch rooms should be properly ventilated and lighted.

(C) The State Government may prescribe the standards, in respect of construction
accommodation, furniture, and other equipment.

Creche's (SEC-48)
Due to workforce diversity nowadays, women’s participation is increasing in all the
sectors especially the industrial sector.

One of the factors that stop women to work in factories or any other sector is lack of
care for their children during their working hours. In order to solve this problem and
increase the engagement of women in factories, section 48 states:

(a) Where numbers of women workers exceed 30, then the factory should arrange a
special room for the worker’s kids who are below the age of 6 years.

(b) The room should be properly lighted and ventilated

Welfare officers (SEC-49)

This states that every factory where in five hundred or more workers are ordinarily
employed the occupier shall employ a prescribed number of Welfare officers.

CONCLUSION:
There is a close relationship between safety measures and the efficiency of workers i.e. if
the proper welfare measures are taken then the productivity of the employees will
increase and ultimately the profit of the organization will increase. Efficiency results in
increasing the average output per worker. It is reflected in increased productivity.

The welfare measures increase the productivity of the organization as well as it enhances
the morale and motivation of the employees which gives a positive impact on the
efficiency level of the organization. These measures are concerned not only with the
physical efficiency, and safety of the workers, but also his general well-being.

They result in improving the conditions under which workers are employed and work. It
provides protection to their life and limb. Inadequate provision of safety measures in
factories may lead to increase in the number of accidents. Human failures due to
carelessness, ignorance, inadequate skill and improper supervision have also contributed
to accidents and the consequent need for such measures.

SAFETY:
The Welfare of the workers also depends upon how and what manner they are required
to operate the machines installed in the factory for carrying out the manufacturing
operations. Some of the Machines Mechanical devices installed are dangerous in their
very nature if they are not properly maintained or installed. Some of the Machines
installed in the factory required mechanical skill on the part of the operators, and in
case, they are allowed to be operated by young persons, their life is likely to be
endangered. Therefore, in order to secure the safety of life of the workers required to
operate machines and other mechanical devices, the employers or the occupiers are
obliged to take certain precautions against the hazardous of operating machines and
mechanical devices by the workers to ensure their safety and welfare. Broadly under the
scheme of the Act, the following types of precaution are required to be taken by the
occupier of a factory.

Section 21 to 41 of the Factories Act 1948 deal with the provisions relating to safety to
workers in a factory

SAFETY PROVISIONS SEC (21-41)

Fencing machinery According to Section 21 of the Factories Act 1948, every dangerous
machinery in a factory must be securely fenced to avoid accidents.

The section provides for fencing the following machineries while they are in use

(i) every moving part of a prime mover and every flywheel connected to a prime
mover whether the prime mover or flywheel is in the engine house or not;
(ii) (ii) the headrace and tailrace of every water-wheel and water turbine.
 (iii) (iii) the following should be securely fenced –
(a) every part of an electric generator, a motor or rotary convertor.
(b) every part of transmission machinery
(c) every dangerous part of any other machinery.

Sec 22: Work On or Near Machinery in Motion

➢ Examination shall be carried out only by specially trained male workers

➢ Should wear tight fitting clothes

➢ No woman or young person shall be allowed to clean, lubricate or adjust any part of
prime mover.

Employment of young persons on dangerous machines (Sec.23):

This section provides that young person shall be required or allowed to work at any
machine to which he has been fully instructed as to the dangers arising in connection with
the machine and the precautions to be observed and-

➢ (a) has received sufficient training in work at the machine,

➢ (b) is under adequate supervision by a person who has a thorough knowledge and
experience of the machine.

Striking gear and devices for cutting off power(sec-24):

In every factory, suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom.

Self-acting machines (Sec. 25):

No traversing part of a self-acting machine in any factory and no material carried thereon
shall, if the space over which it runs is a space over which any person is liable to pass,
whether in the course of his employment or otherwise, be allowed to run on its outward or
inward traverse within a distance of forty-five centimetres from any fixed structure which is
not part of the machine
Prohibition of employment of women and children near cotton openers. (Sec.
27):
In any part of a factory where a cotton-opener is at work for pressing cotton, no woman or
child shall be employed. Provided that the Inspector may in any particular case specify in
writing that the women and children may be employed on the side of the partition where
the feed-end is situated.

Hoists and lifts (Sec. 28):

Every hoist and lift shall be of good mechanical construction, sound material and adequate
strength, properly maintained, protected by an enclosure fitted with gates, and shall be
thoroughly examined by a competent person.

Lifting machines, chains, ropes and lifting tackles (Sec. 29):

Every lifting machine and every chain, rope and lifting tackle for the purpose of raising or
lowering persons, goods or materials, all parts, including the working gear, whether fixed or
movable, of every lifting machine and every chain, rope or lifting tackle shall be of good
construction, sound material and adequate strength and free from defects. It should be
properly maintained.

Revolving machinery (sec-30):

According to Section 30, In every factory in which the process of grinding is carried on there
shall be permanently affixed to or placed near each machine in use a notice indicating the
maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of
the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon
such shaft or spindle necessary to secure such safe working peripheral speed. The speeds
indicated in notices under sub-section (1) shall not be exceeded. The effective measure shall
be taken in every factory to ensure that the safe working peripheral speed of every revolving
vessel, cage, basket, flywheel pulley, disc or similar appliance driven by power is not
exceeded.

Pressure plant(sec-31)
Section 31 of the Act, if in any factory, any plant or machinery or any part thereof is
operated at a pressure above atmospheric pressure, effective measures shall be taken to
ensure that the safe working pressure of such plant or machinery or part is not exceeded.
State Government may make rules providing for the examination and testing plant or
machinery.

Floors, stairs and means of Access(sec-32)

According to Section 32 Floors, stairs and means of Access must be of sound construction
and shall be free from obstructions, causing persons to slip.

Pits, sumps, opening in floors, etc(sec-33)

According to Section 33 of the Said Act, in every factory every fixed vessel, sump, tank, pit or
opening in the ground or in a floor which, by reason of its depth, situation, construction or
contents, is or may be a source of danger, shall be either securely covered or securely
fenced. The State Government may, by order in writing, exempt, subject to such conditions
as may be prescribed, any factory or class or description of factories in respect of any vessel,
sump, tank, pit or opening from compliance with the provisions of this section.

Excessive weights(sec-34)
Section 34 of Factories says that no person shall be employed in any factory to lift, carry or
move any load so heavy as to be likely to cause him an injury. The State Government may
make rules prescribing the maximum weights which may be lifted, carried or moved by adult
men, adult women, adolescents and children employed in factories or in any class or
description of factories or in carrying on in any specified process.

Protection of eyes (Section 35)

In respect of any such manufacturing process carried on in any factory as may be
prescribed, being a process which involves –

(a) risk of injury to the eyes from particles or fragments thrown off in the course of the
process.

(b) risk to the eyes by reason of exposure to excessive light, the State Government may by
rules require that effective screens or suitable goggles shall be provided for the protection of
persons employed on, or in the immediate vicinity of, the process.

Precautions against dangerous fumes, gases etc(sec-36)

(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or
other confined space in any factory in which any gas, fume, vapour or dust is likely to be
present to such an extent as to involve risk to persons being overcome thereby, unless it is
provided with a manhole of adequate size or other effective means of egress.

(2) No person shall be required or allowed to enter any confined space as is referred to in
sub-section (1), until all practicable measures have been taken to remove any gas, fume,
vapour or dust, which may be present so as to bring its level within the permissible limits
and to prevent any ingress of such gas, fume, vapour or dust and unless –

(a) a certificate in writing has been given by a competent person, based on a test carried out
by himself that space is reasonably free from dangerous gas, fume, vapour or dust: or

(b) such person is wearing suitable breathing apparatus and a belt securely attached to a
rope the free end of which is held by a person outside the confined space.

Explosive or inflammable dust, gas, etc(sec37)

1) Where in any factory any manufacturing process produces dust, gas, fume or vapour
of such character and to such extent as to be likely to explode on ignition, all
practicable measure shall be taken to prevent any such explosion by
a) effective enclosure of the plant or machinery used in the process;
b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
c) exclusion or effective enclosure of all possible sources of ignition.

Section38: Precautions In Case of Fire:

(a) Safe means of escape for all persons in the event of a fire

(b) Necessary equipment and facilities for extinguishing fire

➢ Workers are familiar with the means of escape

➢ Free passage–way giving access

➢ Workers should be trained

Section39: Power To Require Specifications of Defective Parts or Tests of

Stability:
Building or part of a building dangerous to human life

Inspector of the factory take order in writing before a specified date

a) to furnish such drawings, specifications and other particulars to determine whether such
building, can be used with safety.

b) to carry out tests and inform the officer.

Safety officers (sec-40)

This section makes provision for the appointment of for safety officer in the factories, where
1000 or more workers are employed or the State government by notification in official
gazette may require the occupier, carrying on dangerous and hazardous nature of
manufacturing process to appoint safety officers.

Power to make rules to supplement this chapter (sec41)

Section 41 of the Factories Act, 1948 empowers the State Government to make any rules to
supplement this chapter.

ANNUAL LEAVE WITH WAGES – SECTION 79

Every employee in the world shall get the leaves when in need along with the fixed weekly
leave and other holidays. In the factory act, 1948 every working employee who has
exceeded the 240 days working in a factory during a calendar year has the sole right for
leaves with wages for a number of days. The calculation of annual leave with wages is done
on the basis of the following:

1. If an adult one day for every 20 days of work performed by him during previous
calendar but condition must do work for 240 days then only Take leave entitlement
one day holiday salary not been cut.

2. Must giving an application before 15 days If work in public utility before 20 day If
medical issue no limit given such kind of time to recover himself.

3. Due to discharge, dismissal, resign, death and quitting of employment His heir/
nominee shall be entitled to receive wages.

4. Treatment of friction of leave is there shall be half day or more than half day shall be
treated as full day leave but if less than half day shall Omitted.
 5. Treatment of unveiled leave worker has not taken any leave in previous calendar year
his leave should be carried forward to next calendar year but shall not be exceed to
30 in case of adult or not exceed 40 in case of child.

6. Workers shall take leave from work must give written application prior before 15 days
to factory manager but if any worker engaged in public utility service so such work

7. Worker informed prior 20days to the factory manager that regarding to take annual
leave.

8. In case of illness not mandatory or required to give written application before prayer
has to take leave because it Emergency situation.

9. Scheme for Grant of leave Occupier factory manager do a agreement with a work
committee or a similar committee or with worker may lodge scheme to chief
inspector to Grant leave maybe regulated.

10. Such schemes shall be displayed at such conspicuous and convenient place in factory
and such scheme valid for 12 months after 12 months it may be renewed With Or
without modification for next 12 months.

11. If refusal of leave it shall be as per accordance of terms and conditions with scheme.

Additional Provisions Regulating Employment of Women in Factory

In addition to the general provisions of the Factories Act, 1948, there are several
specific provisions and regulations that govern the employment of women in
factories in India. These provisions are in place to ensure the safety, health, and
welfare of female workers and to address their specific needs and concerns.

1. Prohibition of Employment Near Cotton-Openers:

o Women are prohibited from working in any part of a factory where a cotton-
opening machine is in use. This provision is aimed at preventing exposure to
cotton dust, which can be harmful to health.
o
2. Creche Facilities:
o Factories employing more than 30 women are required to provide and
maintain suitable creche (childcare) facilities for the children of female
 employees. This is intended to assist working mothers in balancing their work
and childcare responsibilities.

3. Maternity Benefits:
o Female workers are entitled to maternity benefits under the Maternity
Benefit Act, 1961. These benefits include paid maternity leave and protection
against dismissal during the pregnancy period.

4. Provision of Seating:
o Suitable seating arrangements are to be provided for women workers, and
they are not allowed to stand for extended periods.

5. Prohibition of Overtime Work:

o Women are generally prohibited from working overtime, particularly during
night shifts, to safeguard their health and well-being. However, there are
exceptions and certain conditions under which overtime work may be
allowed.

6. Provision of Separate Washrooms and Restrooms:

o Factories are required to provide separate and hygienic washrooms and
restrooms for women workers.

7. Health and Safety Measures:

o Employers must take adequate measures to ensure the safety and health of
women workers, including providing safe working conditions and protection
from occupational hazards.

8. Provision of Transportation and Security:

o Employers are expected to provide safe transportation facilities and security
arrangements for women employees, especially those working during night
shifts.

9. Non-Discrimination and Harassment:

o Employers are mandated to ensure that female workers are not subjected to
discrimination, harassment, or unfair treatment in the workplace. They must
provide a safe and respectful work environment.

10. Flexibility in Working Hours:

o Some states in India have introduced flexible working hours for female
workers, allowing them to adjust their work schedules to accommodate
family responsibilities.
11. Awareness and Training Programs:
o Employers are encouraged to conduct awareness programs and training
sessions for female workers on their rights, safety measures, and health-
related issues.