Provisions for Maintenance of Health:

Provisions regarding health have been discussed in Chapter III under Secs. 11 to 20 of the Act which are as follows:

Cleanliness:

Section 11 of the Factories act deals with the cleanliness at the work place. (1) Every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance, and in particular:

(a) Accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of work rooms and from staircases and passages, and disposed of in a suitable manner;

(b) The floor of every work-room shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method;

(c) Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained.

(d) All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall be repainted or revarnished at least once in every period of five years:

(i) where they are ¹[painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years;

(ia) where they are painted with washable water-paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;

(ii) In case they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed.

(iii) in any other case, be kept whitewashed, or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months.

(dd) All doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years.

(e) The dates on which the processes required by clause (4) are carried out shall be entered in the prescribed register.

(2) If, in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of subsection (1), the State Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean staTe

Disposal of Wastes and Effluents:

Section 12 of the Factories act deals with the disposal of waste and effluents.  

(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so to render them innocuous, and for their disposal.

(2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.

Ventilation and Temperature:

Section 13 of the Factories act deals with the ventilation and temperature at the work place.  

(1) Effective and suitable provision shall be made in every factory for securing and maintaining in every work room:

(a) adequate ventilation by the circulation of fresh air; and

(b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.

and in particular,

(i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable;

(ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means.

(2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained.

(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.

Dust and Fume:

Section 14 of the Factories act deals with the dust and fumes at the work place.  

(1) Where the manufacturing process gives off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any work room, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.

Artificial Humidification:

Section 15 of the Factories act deals with the artificial humidification at the work place.  

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

(a) prescribing standards of humidification;

(b) regulating the methods used for artificially increasing the humidity of the air,

(c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded;

(d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the work room.

(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 be effectively purified before it is so used.

(3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date.

Overcrowding:

Section 16 of the Factories act deals with overcrowding at the work place.

(1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of sub-section (1) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 9.9 cubic metres and of a factory built after the commencement of this Act at least 14.2 cubic metres of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than 4.2 metres above the level of the floor of the room.

(3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.

(4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein.

Lighting:

 Section 17 of the Factories act deals with the lighting at the work place.

(1) In every part of a factory where workers are working of passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

(2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction.

(3) In every factory effective provision shall, so far as is practicable, be made for the prevention of–

(a) glare, either directly from a source of light or by reflection from a smooth or polished surface:

(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker.

(4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process.

Drinking Water:

Section 18 of the Factories act deals with the availability of drinking water at the work place.  

(1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.

(2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within ¹[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector.

(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.

Latrines and Urinals:

Section 19 of the Factories act deals with the provision of latrines and urinals at the work place.  

(1) In every factory–

(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory;

(b) separate enclosed accommodation shall be provided for male and female workers;

(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage;

(d) all such accommodation shall be maintained in a clean and sanitary condition at all times;

(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty workers are ordinarily employed–

(a) all latrine and urinal accommodation shall be of prescribed sanitary types;

(b) the floors and internal walls, up to a height of ¹[ninety centimetres], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface;

(c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.

(3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.

Spittoons:

Section 20 of the Factories act deals with the provision of spittoons at the work place.  

(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.

(2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.

(3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.

(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees.

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Today however factory and industry are understood to be interchangeable. But this is incorrect. Industry is a steady and systematic activity in which trade is organized whereas factory refers to the place where such activities are carried on. The entire day to day activity taking place in the factory is governed by the Factory Act 1948.

Objective of Factories Act ,1948:

The main objectives of the Indian Factories Act, 1948are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories.

• Working Hours: According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. There should be a weekly holiday.
• Health: For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this regard. The factories should have proper drainage system, adequate lighting, ventilation, temperature etc. Adequate arrangements for drinking water should be made. Sufficient latrine and urinals should be provided at convenient places. These should be easily accessible to workers and must be kept cleaned.
• Safety: In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there should be provision for manholes of adequate size so that in case of emergency the workers can escape.
• Welfare: For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers. Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there.
• Penalties: The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. The following penalties can be imposed:
• (a) Imprisonment for a term which may extend to one year; (b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment. If a worker misuses an appliance related to welfare, safety and health of workers, or in relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-

Applicability of Factories Act, 1948:

The Act is applicable to any factory 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 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 this does not include a mine, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.

Important Terms Under the Factory Act:

Factory:

According to section 2(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

(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 (XXXV 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;

Explanation I: For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account;

Explanation II: For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof.

In Ardeshir H. Bhiwandiwala v. State of Bombay, AIR 1962 SC 29 case, the Court has to determine whether the Salt works come within the definition of the word ‘factory’ under Section 2(m) of the Factories Act, 1948. Court observed: “The expression” premises including precincts” it has been urged, clearly indicates that in the context of the definition of the word ” factory “, premises meant only buildings as buildings alone can have precincts and there can be no precincts of any open land. This expression ” premises including precincts” does not necessarily mean that the premises must always have precincts. Even buildings need not have any precincts. The word ” including ” is not a term restricting the meaning of the word ” premises ” but is a term which enlarges the scope of the word ” premises “. We are therefore of opinion that even this contention is not sound and does not lead to the only conclusion that the word ” premises ” must be restricted to mean buildings and be not taken to cover open land as well.” Court further held that Section 85 of the Act empowers the State Government to declare that all or any of the provisions of the Act shall apply to any place wherein a manufacturing ‘process is carried on with or without the aid of power or is so ordinarily carried on notwithstanding certain matters mentioned in the section. The word ” place” is again a general word which is applicable to both open land and to buildings and its use in this section indicates that the Act can be applied to works carrying on a manufacturing process on open land. There is thus internal evidence in the Act itself to show that the word ” premises ” is not to be confined in its meaning to buildings alone. Court declared that tsalt work would come within the meaning of the word ‘premises’ used in the definition of ‘factory’ and ordered the occupier to comply with provisions of the Act.

In Lal Bovta Hotel Aur Bakery Mazdoor Union vs Ritz Private Ltd, 2007 (5) BomCR 456 case, the Court held that the establishment of a hotel would not fall for classification as a factory under section 2(m) of the Factories Act.

In Parry co Lt, Presiding Officer, II Additional Labor Court, 1997 (3) CTC 209 case, the Madras High Court held that commercial establishment receiving the products in bulk and other unpacking such as bulk products pack them according to the customer’s requirements and dispatch such products to customers. Such an act is the manufacturing process within the meaning of section 2(k).

Worker:

According to section 2(l) “Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any the manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union.

In Lal Mohammad v Indian Railway Construction Co Ltd, Appeal (civil)  6069-6073 of 1998 case, the Court held that all the workers employed by the construction company would squarely attract the definition of the term “workmen” a found in Section 2(l) of the Act as they are working for remuneration in the manufacturing process carried out by the project.

Apprentice:

Under Section 2(aa) of the Apprentice Act, 1961 an apprentice means a person who is undergoing an apprenticeship under a contract of apprenticeship. [Section 2(aa)]

Section 18 of the Apprentice Act lays down that every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker and it further states that the provisions of any laws pertaining to Labour does not apply to an apprentice, except certain specified provisions of the Factories Act, 1948, Mines Act, 1952 and Employees’ Compensation Act, 1923 for the welfare of the apprentices (Section 18 r/w Section14 and 16).

If the apprentices are undergoing training in a factory, the provisions of Chapters III, IV and V of the Factories Act, 1948, shall be applicable to them in relation to their health, safety and welfare

Occupier:

According to section 2(n) “occupier” of a factory means the person, who has ultimate control over the affairs of the factory, Provided that-

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors, shall be deemed to be the occupier:

(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier:

In ION Exchange India Ltd. V. Deputy Chief Inspector of factories, Salem, 1995 (2) CTC 156 case it was held that owner can nominate any person to be in ultimate control over the affairs of a factory. If no one else has been nominated to be in ultimate control over the affairs of the company, Director of a company or any partner of partnership is deemed to be the occupier.

Hazardous Process:

According to section 2(cb) “hazardous process” means any process or activity in relation to an industry specified in the ‘First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would- (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution of the general environment:- Provided that the State Government may, by notification in the official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;

Manufacturing Process:

According to section 2(k) manufacturing process means any process for

(i) Making, altering, repairing, ornamenting, finishing, packing, online, 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 or other similar process or book-binding, or

(v) Constructing, reconstructing, repairing, refitting, finishing, breaking-up ship or “vessels, or

(vi) Preserving or storing any article in cold storage.

It is to be noted that to constitute a manufacturing process, there must be some transformation, i.e., the article must become commercially known as something different from which it acquires its existence

In Ardeshir H. Bhiwandiwala v. State of Bombay, AIR 1962 SC 29 case, the Court has to determine whether the processed carried out in Salt works come within the definition of the word ‘manufacturing process’ under Section 2(k) of the Factories Act, 1948. The Court observed: “the conversion of sea water into salt is not due merely to natural forces, but is due to human efforts aided by natural forces. The sea water in the sea never becomes salt merely on account of the play of sun’s rays on it. The natural force of gravity is utilised for carrying sea water from the sea to the reservoirs, thence to the tapavanis and from there to the crystallizing pans which are specially prepared by thumping the mud and making the layer of tile ground hard and water- tight. The solar energy is utilised in evaporating the water in the brine. The human agency is employed for other processes carried on in the Salt Works.” The Court further observed: “It is clear therefore that labourers are employed for

(i) admitting sea water to the reservoirs by working sluice gates, sometimes at night also, or the pump;

(ii) filling crystallizing beds;

(iii) watching the density of brine in the crystallizing beds;

(iv) seeing that the density does not exceed certain limits and that salts other than sodium chloride (common salt) are not formed;

(v) scraping and collecting salt crystals

(vi) grading the salt crystals by ” sieving ” and

(vii) putting salt into gunny bags.

It follows that it is due to human agency, aided by natural forces, that salt is extracted from sea water. The, processes carried out in the Salt Works and described above, come within the definition of ” manufacturing process ” 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.”

Some of the processes which have been held to be manufacturing processes are as follows:

• Bidi making [Chintaman Rao v.State of M.P., (1962) SCJ 388].
• Moulding and transformation of raw cinematography films into a finished product [Gemini Studio v. State, (1952-53) 4 FJR 329].
• Work done in a salt work which consists of converting sea-water into salt [Ardeshir H. Bhiwandiwala v. State of Bombay, AIR 1962 SC 29.
• Use of a refrigerator for treating or adapting any article with a view to its sale [New Taj Mahal cafe Ltd. V. Inspector of Factories, (1956) 1 LLJ273].
• Work of compositions in printing business [V. K. Press v. Authority, AIR 1955 All 702].
• Use of electric motor for the purpose of lifting or pumping water [Syed Moosa Kazimi v. K.M. Sheriff, AIR 1959 Mad. 542].
• Process of moistening, stripping and packing of tobacco leaves [V.P. Gopala Rao v. Public Prosecutor, AIR 1970 SC 66].
• Activities of a petrol pump [Gateway Auto services v. Regional director, E.S.I. Corpn., (1981) Lab. I.C. 49].

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