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Unit 3: The Factories Act, 1948

Penalty for Contravention of the Provisions of Sections 41B, 41C and 41H

1. Whoever fails to comply with or contravenes any of the provisions of section 41B, 41C or
41H or the rules made thereunder, shall, in respect of such failure or contravention, be
punishable with imprisonment for a term which may extend to seven years and with fine
which may extend to two lakh rupees, and in case the failure or contravention continues,
with additional fine which may extend to five thousand rupees for every day during
which such failure or contravention continues after the conviction for the first such failure
or contravention.
2. If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment
for a term which may extend to ten years.

Offences by Workers

1. Subject to the provisions of section 111, if any worker employed in a factory contravenes
any provision of this Act or any rules or orders made thereunder, imposing any duty or
liability on workers, he shall be punishable with fine which may extend to five hundred
rupees.

2. Where a worker is convicted of an offence punishable under sub-section (1), the occupier
or manager of the factory shall not be deemed to be guilty of an offence in respect of that
contravention, unless it is proved that he failed to take all reasonable measures for its
prevention.
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under
section 70, a certificate granted to another person under that section, or who, having procured
such a certificate, knowingly allows it to be used, or an attempt to use to be made, by another
person, shall be punishable with imprisonment for a term which may extend to two months or
with fine which may extend to one thousand rupees or with both.

If a child works in a factory on any day on which he has already been working in another factory,
the parent or guardian of the child or the person having custody of or control over him or
obtaining any direct benefit from his wages, shall be punishable with fine which may extend to
one thousand rupees unless it appears to the Court that the child so worked without the consent
or connivance of such parent, guardian or person.
Omitted by the Factories (Amendment) Act, 1987, w.e.f. 1-12-1987 Earlier section 100 was amended
by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976

3.4 Welfare Measures for Workers

This Act provides the general welfare measures for the laborers working in the factory premises.
It is a statutory requirement on the part of the employers to provide these basic necessities for
the health and safety of the workers. They are of two types – health measures and welfare
measures.

3.4.1 Health Measures

Cleanliness

Section 11 of the Factories Act, 1948 provides for general cleanliness of the factory. It lays down
that dust, fumes and refuse should be removed daily; floors, stair-cases and passages should be

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