Factories Act, 1948
Central law that regulates safety, working hours, leave, and welfare in factories with 10 or more workers using power, or 20 or more without power.
What is Factories Act, 1948?
The Factories Act, 1948 applies to any premises where 10+ workers are employed with power-based manufacturing, or 20+ without power, on any day in the preceding 12 months. The Act caps daily work at 9 hours and weekly at 48 hours, with overtime paid at twice the ordinary rate. It mandates a weekly off, half-hour rest after 5 hours of continuous work, and 12 hours total spread including rest. Adult workers are entitled to 1 day of earned leave for every 20 days worked in the previous calendar year. Women are restricted from hazardous processes and night shifts unless state amendments permit. The Act covers safety provisions like machine fencing, fire safety, drinking water, urinals, lighting, ventilation, and creche for 30+ women workers. Registration with the Chief Inspector of Factories and an annual return in Form 21 are mandatory.
Example
A plastic moulding unit in Surat with 14 workers and electrical machines registers under the Factories Act, files Form 21 yearly, and pays double for overtime beyond 48 hrs/week.
How Factories Act, 1948 is used
Register before commencing operations, maintain Form 12 (muster roll), Form 14 (wages), and Form 21 (annual return), and conduct mandatory safety drills.
Factories Act, 1948 FAQs
How is the Factories Act different from the Shops and Establishment Act?
The Factories Act covers manufacturing units with power-driven machinery and stricter safety rules. The S&E Act covers shops, offices, and commercial establishments. A unit cannot be covered by both at the same time.
What annual returns must a factory file?
Form 21 is the annual return filed by 31st January every year, with details of workers, wages, leave, accidents, and overtime. Form 22 is a half-yearly return required in some states.
Can women work night shifts in factories?
Section 66 originally barred women from 7 PM to 6 AM shifts. Many states (Maharashtra, Karnataka, Tamil Nadu) have amended this to permit night shifts with consent, transport, and safety arrangements.