India

    Factories Act

    The Factories Act, 1948 (‘the Act’) regulates national policies with respect to occupational safety and health in factories in India and includes provisions on the duties and obligations of occupiers, manufacturers and workers. 

    Last Updated: July 30, 2019


  • Requirements

    Section 2(m) of the Act defines a factory as any premises including the precincts thereof 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 thepreceding 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. 

    In addition, the Act provides that an occupier, which is defined as ‘the person who has ultimate control over the affairs of thfactory‘ must ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory including the provision and maintenance of plant and systems of work in the factory that are safe and without risks to healththe arrangements 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 and the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work 

    Furthermore, Section 7(B) of the Act stipulates that manufacturers, defined as those ‘who design, manufacture, imports or supplies any article for use in any factory‘, must 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 usedcarry out or arrange for the carrying out of such tests and examination as may be considered necessary, amongst other things.  

    The Act makes provisions on effective arrangements in every factory for the treatment and disposal of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, for ventilation and temperature, dust and fume, artificial humidification, overcrowding and lighting.  

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