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Unit 1: The Factories Act, 1948

By this time a very large number of chemical factories had been set up involving the manufacture Notes
and handling of hazardous and toxic chemicals. This brought in more problems of safety and
health. By the time the Government could assess the possible impact of the problem and foresee
the possibilities of major disasters, the world’s worst tragedy shocked Bhopal wiping out in
hours thousands of innocent, ignorant, lives and rendering many more incapacitated. In 1987,
Factories (Amendment) Act, 1987 was passed, a memorial to the victims of Bhopal.
It provides better safeguards in the use and handling of hazardous substance in factories. It calls
upon the management to provide for greater safety measures (including precautions regarding
the use of portable electric light in the factories), appointment of safety officers in factories
where 1000 or more workers are employed, or where in any manufacturing process or operation
is carried on, which involves any risk of bodily injury, poisoning or disease, or any other hazard
to health to the persons employed in the factory. The amended Act also provided for
investigations of all fatal accidents within a month of their occurrence. It also empowered the
Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the
Director General of Health Services to the Government of India or such other officer as may be
authorised by them, to undertake safety and occupational health surveys. The Act also brought
under its protective clause the contract labour, as also any other category of labour employed
directly or through any agency with or without the knowledge of the principal employer,
whether for remuneration or not. The amended Act further prescribed the provision of crèche
facility in every factory wherein more than 30 women workers (instead of 50, as provided in the
Principal Act) are ordinarily employed. According to the Act, if a worker is discharged or
dismissed from service or quits his employment or is superannuated or dies while in service,
during the course of the calendar year, he or his heir or nominee, as the case may be, shall be
entitled to wages in lieu of the quantum of leave due. The amended Act also provided for
modified rates of general penalty for offences and enhanced penalty after previous conviction.

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Caution Besides amendments to Sections 2, 4, 9, 13, 16, 18, 19, 23, 25, 28-32, 36-A, 64, 70, 80,
87, 89, 90, 91-A, 92, 94-99, 114, 119 and schedule to the Principal Act, the amended Act of
1987 also provides for omission of Section 100 of the Principal Act and insertion of new
Section 7-A, 7-13, 87-A, 96-A, 104-A, 106-A, 111-A and 118-A, substitution of new sections
for Sections 36.and 38, insertion of a new Chapter IV-A, after Chapter IV and the insertion
of two new schedules before the schedule to the Principal Act. The newly inserted Sections
7-A, 7-B, 87-A, 96-A, 104-A, 106-A, 111-A and 118-A relate to general duties of the occupier,
general duties of manufacturers, etc., regarding articles and substances for use in factories;
power to prohibit employment on account of serious hazard; penalty for contravention of
the provisions of Sections 41-B, 41-C and 41-H, onus of providing limits of what is
practicable, etc.; jurisdiction of a court for entertaining proceedings, and so on, for offence,
right of workers, etc.; and restriction on disclosure of information; respectively.

The new Sections 36 and 38 relate to precautions against dangerous fumes, gases, etc., and
precautions in case of fire, respectively. The new Chapter IV-A inserted after Chapter IV of the
principal Act, includes the following provisions relating to hazardous processes:

 Constitution of Site Appraisal
 Compulsory disclosure of information by the occupier
 Specific responsibility of the occupier in relation to hazardous processes

 Power of Central Government to appoint Inquiry Committees
 Emergency standards
 Permissible limits of exposure of chemical and toxic substances

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