Factories Act, 1948 (Factories Act)

The Factories Act, 1948 is India's foundational occupational health and safety statute governing factories employing 10 or more workers using power, or 20 or more workers without power. Enacted on 23 September 1948 by the Constituent Assembly using powers under Entry 24 of the Concurrent List, it consolidated earlier provincial factories laws (1881, 1911, 1934) into a unified national framework that has been amended substantially in 1987 (hazardous processes), 2014 (definition update) and is the principal subject of the Occupational Safety, Health and Working Conditions Code 2020 (notified but not yet effective).

The Act has 11 chapters and 120 sections covering: licensing (Section 6, factory licence issued by Chief Inspector of Factories), working hours (Section 51, 48 hours per week, daily limits, overtime at double rate), health (cleanliness, ventilation, lighting, drinking water, latrines), safety (Section 21 fencing of machinery, Section 22 work on or near moving machinery, Section 28 hoists and lifts, Section 31 pressure plants, Section 38 fire precautions), welfare (canteens, crèches, first-aid, restrooms), employment of women and young persons (no women between 7 PM and 6 AM, no children under 14), and special hazardous processes (Chapter IV-A, Schedule I lists 29 processes including battery manufacturing, asbestos, lead processing).

For recycling plants, the Factories Act creates the licensing obligation distinct from SPCB consents. The Factory Licence issued by the state Department of Labour or Directorate of Industrial Safety & Health (DISH) is a precondition for occupation — separate from CTE/CTO. The Chief Inspector approves factory layout plans before construction, inspects for safety compliance during operation, and investigates accidents. Form 4 plan approval is the gating document for setting up; Form 11 (factory licence) covers operation. Annual renewal is standard, with licence fees scaling by worker headcount and motive power.

Several Factories Act provisions matter materially for recycling. Section 87 declares hazardous processes — battery handling, lead processing, mercury exposure, chemical recovery from PCBs all qualify, triggering enhanced medical surveillance (annual statutory medical examinations), occupational exposure monitoring (lead in blood, cadmium in urine), worker-participation in safety committees, and mandatory written emergency plans. Section 41B requires producers/occupiers to disclose hazards to workers, neighbours and the SPCB. Section 23 prohibits employment of young persons (14-18) on dangerous machinery — shredders, balers, hot presses. The 2020 OSH Code consolidates these with the Building Workers Act and the Contract Labour Act, raising the threshold to 20 workers (with power) and 40 (without), reducing small-plant coverage — a trade-off industry welcomes and labour unions contest.