EPFO Labour Law and Industrial Relations
EPFO Labour Law and Industrial Relations
FINITE PYQ
Updated
Current
As Per
Latest
Covered Upto
Affairs Pattern 2023
Vol-1
Labour Laws & 2nd Edition
Industrial Relations
[UPSC EPFO APFC | AO | EO Exam 2025]
Highlights
• Comprehensive Coverage Of The Exam Syllabus
• Practice Questions And Exercises To Reinforce Learning
• User-friendly Design And Layout For Easy Navigation And Readability
• Trusted By Top-performing Students And Educators
Radhika Wankhade
Preface
Dear Readers,
It gives me immense pleasure to present this comprehensive guide on Labour Laws and
Industrial Relations, designed specifically for aspirants preparing for the EPFO
Enforcement Officer (EO), Accounts Officer (AO), and Assistant Provident Fund
Commissioner (APFC) Exams. This book aims to provide clear, concise, and exam-relevant
content to help you build a solid foundation in one of the most critical subjects of the EPFO
syllabus.
Drawing from both my professional experience as an officer in the Employees' Provident
Fund Organisation (EPFO) and my academic background in Mathematics and Computing
from IIT Guwahati, I have attempted to simplify key labour legislations, policies, and
industrial relations frameworks. The content has been carefully structured to cater to both
beginners and advanced learners—incorporating tables, charts, case studies, and recent
amendments to ensure conceptual clarity and practical understanding.
This book is not just a compilation of laws; it is an effort to connect theoretical provisions
with real-world applications, particularly within the context of regulatory bodies like EPFO,
ESIC, and Ministry of Labour & Employment. My objective is to empower aspirants with
both static legal knowledge and dynamic policy insights that are crucial for success in the
exam and future roles in public service.
I am grateful to my co-author, Anamika Kumari (Co-Founder of Learn Finite), for her
exceptional contribution to this project. Her academic depth in Sociology and strong
command over competitive exam preparation strategies have added tremendous value to
the book. Her support and hard work were instrumental in shaping this content into an
effective resource for aspirants.
I also extend my sincere thanks to the Learn Finite team for their relentless efforts in
designing, editing, and finalizing this book. Their attention to detail and dedication ensured
that the content is accurate, student-friendly, and up-to-date.
Lastly, I want to thank my family, friends, mentors, and all well-wishers who have supported
me throughout this journey. Your encouragement and belief in this mission have been the
backbone of this endeavor.
I hope this book proves to be a helpful companion in your preparation journey. Stay focused,
stay disciplined, and success will surely follow.
Wishing you the very best,
Disclaimer:
The information, news, and facts published in this book have been thoroughly
verified and cross-checked. While all efforts have been made to ensure accuracy,
the publisher cannot be held responsible for any errors or omissions. Any
content related to legal or academic aspects should be verified independently.
EPFO Exam Trends (2002–2023)
Key Subject Focus & Strategy Insights
Learn Finite Presents
• EPFO Trend Analysis (2002–2023)
APFC | AO/EO | Subject-Wise Weightage Breakdown
What Is This?
A powerful, data-backed analysis of EPFO exam trends over 20+ years. It reveals which
subjects matter most — and how their importance has changed — to help you prepare
smarter, not harder.
Special Notes
• Total questions mostly 120 per exam (except 2012: 100)
• 2023 AO/EO & APFC placed heavy focus on Labour Law, Science & English
• Computer and Accounts becoming more consistent in recent years
Pro Tip:
“Use this subject-wise trend to build a strong, rank-boosting preparation plan.”
Powered by: Learn Finite
Unlock success with pattern-based, focused learning.
Index
• Section 16: Overcrowding 9
Labour Law • Section 17: Lighting 9-10
1. Factories Act, 1948 2-23 • Section 18: Drinking water 10
• Introduction 2 • Section 19: Latrines and urinals 10
• Factory 2 • Section 20: Spittoons 10
• Evolution of Factories Laws in India 2-3 • Chapter IV: Safety 10-13
• Important Provisions of the 1881 Act 3 • Section 21: Fencing of machinery 10
• Factory Act of 1891 3-4 • Section 22: Work on or near machinery in
• Factory Act of 1948 4 motion 10
• Definitions under the Factories Act, 1948 4 • Section 23: Employment of young persons on
• Chapter I: Preliminary 4-7 dangerous machines 10
• Section 1: Short title, extent and • Section 24: Striking gear and devices for
commencement 4 cutting off power 10
• Section 2: Interpretation 4-6 • Section 25: Self-acting machines 10
• Section 3: References to time of day 6 • Section 26: Casing of new machinery 10-11
• Section 4: Power to declare different • Section 27: Prohibition of employment of
departments to be separate factories or two women and children near cotton-openers 11
or more factories to be a single factory 6 • Section 28: Hoists and lifts 11
• Section 5: Power to exempt during public • Section 29: Lifting machines, chains, ropes
emergency 6 and lifting tackles 11
• Section 6: Approval, licensing and registration • Section 30: Revolving machinery 11
of factories 6 • Section 31: Casing of new machinery 11
• Section 7: Notice by occupier 6-7 • Section 32: Prohibition of employment of
• Section 7A: General duties of the occupier 7 women and children near cotton-openers 11
• Chapter II: The Inspecting Staff 7-8 • Section 33: Opening and cleaning of
• Section 8: Inspector 7 machinery 11
• Section 9: Powers of Inspectors 7-8 • Section 34: Employment of young persons on
dangerous machines . 11
• Section 10: Certifying Surgeons 8
• Section 35: Prohibition of employment of
• Chapter III: Health 8
women and children near certain parts 11
• Section 11: Cleanliness 8-9
• Section 36: Handling of flammable substances 11
• Section 12: Disposal of wastes and effluents 9
• Section 37: Precautions in case of fire 12
• Section 13: Ventilation and temperature 9
• Section 38: Maintenance of buildings 12
• Section 14: Dust and fume removal 9
• Section 39: Safety officers 12
• Section 15: Artificial humidification 9
• Section 40: Safety committees 12
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• Section 41: Annual leave with wages 12 • Section 43: Facilities for storing and drying
• Section 42: Display of notices 12 clothing 15
• Section 43: Service of notices 12 • Section 44: Facilities for sitting 15
• Section 44: Power to make rules 12 • Section 45: First-aid-appliances 15
• Section 45: Power to exempt 12 • Section 46: Canteens 15-16
• Section 46: Power to relax 12 • Section 47: Shelters, rest-rooms and lunch-
rooms 16
• Section 47: Penalty for contravention of
provisions 13 • Section 48: Creches 16
• Section 48: Offences by companies 13 • Section 49: Welfare Officers 16-17
• Section 49: Cognizance of offences 13 • Chapter VI: Working Hours of Adults 17
• Section 50: Limitation of prosecutions 13 • Section 51: Weekly hours 17
• Section 51: Protection of action taken in good • Section 52: Weekly holidays 17
faith 13 • Section 53: Compensatory holidays 17
• Section 52: Power to make rules to • Section 54: Daily hours 17
supplement this Chapter 13 • Section 55: Intervals for rest 17
• CHAPTER IVA: Provisions relating to • Section 56: Spread over 18
Hazardous Processes 13-14
• Section 57: Night shifts 18
• Section 41A: Constitution of Site Appraisal
• Section 58: Prohibition of overlapping shifts
Committees 13-14
18
• Section 41-B: Constitution of Site Appraisal
• Section 59: Extra wages for overtime 18
Committees 14
• Section 60: Restriction on double employment
• Section 41-C: Application of Section 6 14
19
• Section 41-D: Approval, licensing and
• Section 62: Register of adult workers 19
registration of factories carrying on hazardous
processes 14 • Section 66:Further restriction on employment
of women 19
• Section 41-E: Prohibition of employment of
young persons on dangerous machines 14 • Chapter VII: Employment of Young Persons
19-20
• Section 41-F: Power to prohibit employment
of women and children 14 • Section 67: Prohibition of employment of
young children 19
• Section 41-G: Maintenance of register of
dangerous machines 14 • Section 68: Non-adults working inside the
factory premises 19
• Section 41-H: Duty to disclose information 14
• Section 69: Working hours of children 19
• Section 41-I: Power of entry, inspection, etc.
14 • Section 70: Notice of periods of work for
children 20
• Section 41-J: Notification of accidents 14
• Section 71: Certificate of fitness 20
• Section 41-K: Power to make rules 14
• Section 72: Register of young persons 20
• Chapter V: Welfare 15-19
• Section 73: Power of government to make
• Section 42: Washing facilities 15
rules 20
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• Section 74: Prohibition of certain hazardous • Wages Fund Theory 24-25
work 20 • Subsistence Theory 25
• Section 75: Annual leave with wages 20 • Limitation 25
• Section 76: Other provisions relating to young • The Surplus Value Theory of Wages 26
persons 20
• Residual Claimant Theory 26
• Section 77: Provisions of Chapter not to apply
• Marginal Productivity Theory 26
to apprentices 20
• The Bargaining Theory of Wages 26-27
• Chapter 8: Annual Leave with Wages 20-21
• Behavioural Theories of Wages 27
• Section 78: Application of Chapter 20-21
• Efficiency wage theory 27
• Section 79: Annual leave with wages 21
• Demand and supply theory 27
• Section 80: Wages during leave periods 21
• Wage Board 27-28
• Section 81: Payment in advance in certain
cases 21 • Objective 28
• Section 82: Mode of recovery of unpaid • Constitution/Structure of Wage Board 28
wages 21 • Functions of Wage Board 28
• Section 83: Power to make rules 21 • Primary Function 28
• Section 84: Power to exempt factories 21 • Subsidiary Functions 28
• Chapter IX: Special Provisions 22 • MCQs 28-30
• Section 85: Power to apply the Act to certain 3. Minimum Wages Act, 1948 31-43
premises 22
• Introduction 31
• Section 86: Power to exempt public
• Minimum wage 31
institution 22
• Objectives of Minimum Wages Act 41-32
• CHAPTER X: Penalties and Procedure 22-23
• Section 1. Short title and extent 32
• Section 92: General penalty for offenses 22
• Section 2. Interpretation 32-33
• Section 93: Penalty for obstructing an
Inspector 22 • Section 3. Fixing of minimum rates of wages
33
• Section 94: Penalty for contravention of
provisions regarding hazardous processes 22 • Section 4. Minimum rate of wages 34
• Section 95: Enhanced penalty after previous • Section 5. Procedure for fixing and revising
conviction 22 minimum wages 34
• Section 96: Offenses by companies 22 • Section 7. Advisory Board 34
• Section 97: Cognizance of offenses 22 • Section 8. Central Advisory Board 34-35
• Section 98: Power to make rules 22-23 • Section 9. Composition of committees, etc.
35
• Section 99: Power to remove difficulties 23
• Section 10. Correction of errors 35
• MCQs 23
• Section 11. Wages in kind 35
2. Wages Concepts and Theories 24-30
• Section 12. Payment of minimum rates of
• Real wages depend upon the following factors
wages 35
The Price Level 24
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• Section 13. Fixing hours for a normal working bank account 46
day, etc. 35-36 • Section 7. Deductions which may be made
• Section14. Overtime 36 from wages 46-47
• Section 15. Wages of worker who works for • Section 8. Fines 47
less than normal working day 36 • Section 9. Deductions for absence from duty
• Section 16. Wages for two or more classes of 47
work 37 • Section 10. Deductions for damage or loss 47
• Section 17. Minimum time rate wages for • Section 11. Deductions for services rendered
piece work 37 48
• 24(A) Night shifts 37-38 • Section 12. Deductions for recovery of
• Rule 27 to 29 CLAIMS UNDER THE ACT 38 advances 48
• Section 18. Maintenance of registers and • Section 13. Deductions for payments to co-
records 38 operative societies and insurance schemes
• Section 19. Inspectors 38 48
• Section. 22 Penalties 38-39 • Section 13 A. Maintenance of registers and
records. 48
• Section 23. Exemption of employer from
liability in certain cases 39 • Section 14. Inspectors 48-49
• Section 24. Bar of suits 40 • Section 14A. Facilities to be afforded to
Inspectors 49
• Section 24. Contracting out 40
• Section 15. Claims arising out of deductions
• Section 25. Exemptions and exceptions 40
from wages or delay in payment of wages and
• Section 26. Power of State Government to penalty for malicious or vexatious claims
add to Schedule 40 49-50
• Section 27. Power of Central Government to • Section 16. Single application in respect of
give directions 40 claims from unpaid group 50
• Section 28. Power of the Central Government • Section 17 Appeal 50
to make rules. 53
• Section 18. Powers of authorities appointed
• Section 29. Power of appropriate Government under section 15 50
to make rules. 40-41
• Section 19. Power to recover from employer
• MCQs 41-43 in certain cases 50
4. Payment of Wages Act, 1936 44-55 • Section 20. Penalty for offences under the
• Section 1. Short title, extent, commencement Act 50-51
and application 44 • Section 21. Procedure in trial of offences
• Section 2. Definitions 44-45 51-52
• Section 3. Responsibility for payment of • Section 22. Bar of Suits 52
wages 45 • Section 22A. Protection of action taken in
• Section 4. Fixation of wage-periods 45 good faith 52
• Section 5. Time of payment of wages 45-46 • Section 23. Contracting out 52
• Section 6. Wages to be paid in current coin or • Section 24. Delegation of powers 52
currency notes or by cheque or crediting in
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• Section 25. Display by notice of abstracts of • Section 6. Notice of claim for maternity
the Act 52 benefit and payment thereof 66-67
• Section 25A. Payment of undisbursed wages • Section 9. Miscarriage Leave 67
in cases of death of employed person 52-53 • Section 9-A. Leave with pay for tubectomy
• Section 26. Rule-making power 53 surgery 67
• MCQs 53-55 • Section 11. Nursing breaks 67
5. Employees’ Provident Funds and • Section 11A. Creche facility 67
Miscellaneous Provision Act, 1952 56-60 • Section 19. Abstract of Act and rules
• Section 1. Short title, extent and application thereunder to be exhibited 67
56 • Section 21. Penalty for contravention of Act
• Section 16(1) of the Act provides that this Act by employer 67-68
is not applicable to the following 56 • MCQs 68
• Withdrawal from the fund 56 7. Payment of Gratuity Act, 1972 69-79
• Advances from the fund 56 • Introduction 69
• Section 6A : Employees’ Pension Scheme • Section 1. Short title, extent, application and
(EPS) 57 commencement 69
• Pension Fund 57-58 • Section 2. Definitions 69-71
• Employees’ Deposit linked Insurance Scheme- • Section 4(1). Payment of gratuity 71-72
Section 6C 58-59
• Section 5. Exemption 72
• Section 7A. Determination of moneys due
• Section 7. Determination of the amount of
from employers 59
gratuity 72-73
• Section 7C. Determination of escaped
• Rule 7(1) Application for gratuity 73-74
amount 59-60
• Rule 8. Notice for payment of gratuity 74
• Section 14.Penalties for Voilations 60
• Rule 9. Mode of payment of gratuity 74
• Section 14A. When a Companies Breaks the
Laws 60 • Rule 10. Application to controlling authority
for direction 74-76
• MCQs 61-62
• Section 8. Recovery of gratuity 76
6. Maternity Benefit Act, 1961 63-68
• Section 9. Penalties 76
• Introduction 63
• Section 10. Exemption of employer from
• Important Sections incorporated in Maternity
liability in certain cases 76-77
Benefit Act, 1961 63
• Section 11. Cognizance of offences 77
• Section 1. Short title, extent and
commencement 63-64 • Protection of Gratuity 77
• Section 2. Application of Act 64 • MCQs 77-79
• Section 3. Definitions 64-65 8. Employees’ State Insurance Act, 1948 80-95
• Section 4. Employment of, or work by, women • Introduction 80
prohibited during certain periods 65 • Application and scope of the Act 80
• Section 5. Right to payment of maternity • Section 1. Short title, extent, commencement
benefit 66 and application 80-81
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• Section 2. Definitions 81-84 • Section 59. Establishment and maintenance
• Section 3. Establishment of Employees’ State of hospitals, etc., by Corporation 90
Insurance Corporation 84 • Section 60 provides that the right to receive
• Section 4. Constitution of Corporation 84 any payment or any benefit under this Act
shall not be transferable or assignable 90
• Section 5 provides for the term of office of
members of Corporation. 84 • Section 65. Benefits not to be combined 90
• Section 6 provides for the eligibility for • Section 70. Repayment of benefit improperly
renomination or re-election 84 received 90
• Section 8. Constitution of Standing • Section 72. Employer not to reduce wages,
Committee 85 etc. 91
• Section 9. Term of office of members of • Section 73. Employer not to dismiss or punish
Standing Committee 85 employee during period of sickness, etc. 91
• Section 10. Medical Benefit Council 85-86 • Section 74. Constitution of Employees’
Insurance Court 91
• Section 11. Resignation of membership 86
• Section 75. Matters to be decided by
• Section 12. Cessation of membership 86
Employees’ Insurance Court 91-92
• Section 13. Disqualification 86
• Section 84. Punishment for false statement
• Section 18. Powers of the Standing 92
Committee 86
• Section 85. Punishment for failure to pay
• Section 20. Meetings of Corporation, Standing contributions, etc. 92-93
Committee and Medical Benefit Council
• Section 85A. Enhanced punishment in certain
86-87
cases after previous conviction 93
• Section 22. Duties of Medical Benefit Council
• Section 85B. Power to recover damages 93
87
• Section 85C. Power of Court to make orders
• Section 26. Employees’ State Insurance Fund
93
87
• Section 86. Prosecutions 93
• Section 28. Purposes for which the Fund may
be expended 87-88 • MCQs 94-95
• Section 40. Principal employer to pay 9. Employees Compensation Act, 1923 96-101
contributions in the first instance 88 • Introduction 96
• Section 41. Recovery of contribution from • Employers liability to pay compensation
immediate employer 88 96-97
• Section 43. Method of payment of • Exceptions for employers liability 97
contributions 89 • Amount of Compensation 97
• Section 45B provides that any contribution • Section 3. Employer’s liability for compensation
payable under this Act may be recovered as 97-98
an arrear of land revenue. 89
• Section 6. Review 98
• Section 45C. Issue of certificate to the
• Section 10. Notice and claim 98-99
Recovery Officer 89
• Section 30. Appeals 99
• Section 46. Benefits 89
• Reports of fatal accidents and serious bodily
• Section 56. Medical benefit 89-90
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injuries 99 and industrial relations 8
• MCQs 99-101 Role of State in Union-management Relations 10
10. Pension Fund Regulatory and Development Few acts that the state uses to regulate union-
Authority Act, 2013 102-104 management relations 10
• Section 1. Short title, extent and Latest labour codes in India 10
commencement 102 Pre Independence days 11
• Section 20. National Pension System 102-103 The Second Five Year Plan (1956-1961) 11
• Section 21. Central Recordkeeping Agency The Sixth Five Year Plan (1980-85) 12
103
Psychological Approach to Industrial Relations
• Section 22. Point of presence 103 13
• Section 23. Pension funds 104 Sociological Approach to Industrial Relations . 14
• Section 24. Certain restrictions on foreign The Gandhian Approach to Industrial Relations
companies or individual or association of 14
persons 104
The socio-ethical approach to industrial relations
• Section 26. Eligibility norms of the central 15
recordkeeping agency, etc 104
Industrial Relations Approach/ Dunlop’s system
11. Industrial Health and Safety 105 Theory 15
• Introduction 105 Oxfords approach 16
• Definitions 105 HR Approach to Industrial Relations 16
• The psychological theory of industrial safety Comparisons on differing Approaches 17
106
Political and apolitical theories of industrial
• Structural theories of industrial safety relations 19
106-107
Miller and Form’s Model 20
• Psycho-sociological Theories of industrial
CHAPTER – 2 26
safety 107
Trade Unionism 26
• Employer responsibility 107-108
Definitions 26
• Manager’s Responsibility 108
Pre-Independence Period 27
• Employee’s Responsibilities 108
1918-1924: The early trade union phase 28
• Vision of DGMS 111
1925-1934: Period of left-wing trade unionism
• Mission of DGMS 111
28
• MCQs 112-113
1935-1938 Phase 28
Industrial Relations 1939-1946 Phase 29
CHAPTER - 1 7 1947-present: Post-independence trade
Industrial Relation: Understanding the Dynamics unionism 29
of Work and Employment 7 Central trade union organisations in India 30
Foundation of Industrial Relation 7 Indian National Trade Union Congress (INTUC)
Definitions of Industrial Relation 7 30
Linkage between human resource management All India Trade Union Congress (AITUC) 30
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Bharatiya Mazdoor Sangh (BMS) 30 White-Collar Workers’ Unions 42
Hind Mazdoor Sabha (HMS) 30 Reformist Unions 42
Centre of Indian Trade Unions (CITU) 30 Friendly or Uplift Unions 42
All India United Trade Union Centre (AIUTUC) 30 Closed Shop 43
The main provisions of the Trade Unions Act, 1926 Union Shop 43
are as follows 30 Preferential Shop 43
Timeline 32 Maintenance Shop 43
Registration of trade union 33 Agency Shop 43
Constitution of work committee 34 Open Shop 43
Recognition of negotiating trade union 34 Political Revolutionary Theory of Labour
Grievance redressal committee 34 Movement of Marx and Engels 43
Standing orders 34 Webb’s Theory of Industrial Democracy 44
Strikes and lock-outs 35 Cole’s Theory of Union Control of Industry 44
Change in the conditions of service 35 Common’s Environment Theory 45
Retrenchment 35 Mitchell’s Economic Protection Theory of Trade
LAY-OFF 36 Unionism 45
Closure 36 Simons Theory of Monopolistic, anti- Democratic
Trade Unionism 46
Exemptions 36
Perlman’s Theory of the “Scarcity Consciousness”
Difference between Registered and Recognised
of Manual Workers 46
Trade Union 36
Tannenbaum’s Theory of Man Vs. Machine 47
Trade Union Recognition 37
Kerr, Dunlop, Harbison and Myers 47
Recognition of the Trade Unions in the Absence of
Law 38 Mahatma Gandhi theory 47
Check-off 38 CHAPTER – 3 53
Secret ballot 38 Industrial Disputes: Sources, Strikes and Lockouts
53
Verification of membership through Labour
Department 39 Definition 54
Role of ILO in Recognition of Trade Unions 39 Industrial unrest 54
Voluntary Recognition and Statutory Recognition Industrial peace 55
40 Industrial Discipline 55
Constitution and Recognition of Trade Unions 40 Industrial Jurisprudence 56
Trade Union Rivalry 41 Objectives 56
Craft Unions 41 The Act also lays down 56
Industrial Unions 41 Significance of Industrial Dispute Act, 1947 57
Labour Unions 41 The Industrial Disputes Act, 1947 is significant for
General Unions 42 several reasons
57
Blue-Collar Workers’ Unions 42
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Important definitions 57 18 67
Wages 58 Powers and Functions of Industrial Tribunals,
Public utility service 58 Section 19 67
Machinery for settlement of industrial disputes Reference of Disputes to National Tribunals,
59 Section 20 67
Section 2 60 Powers of Labor Courts, Industrial Tribunals, and
National Tribunals, Section 21 67
Works committees 61
Powers of the Appropriate Government to
Conciliation officers 61
prohibit strikes and lockouts, Section 22 67
Board of conciliation 61
Powers of the Appropriate Government to refer
Court of enquiry 62 disputes to arbitration, Section 23 67
Labour Courts 62 Powers of the Appropriate Government to make
Tribunals 62 rules, Section 24 68
National tribunals Section 7B 62 Section 25 68
Disqualifications for the managing workplaces of Penalty for illegal strikes and lock-outs, Section
work courts, tribunals and national tribunals 26 70
Section 7C 63 Penalty for instigation, etc., Section 27 70
Qualifications, terms and conditions of service of Penalty for giving financial aid to illegal strikes and
Presiding Officer, Section 7D 63 lock-outs, Section 28 70
Filling of vacancies Section, Section 8 63 Penalty for breach of settlement or award, Section
Finality of orders constituting Boards, etc, Section 29
9 63 70
Notice of change, Section 9A 64 Penalty for disclosing confidential information,
Section 30 70
Power of Government to exempt. Section 9B 64
Penalty for closure without notice, Section 30A
Setting up of Grievance Settlement Authorities
70
and reference of certain individual disputes
to such authorities, Section 9C 64 Penalty for other offences, Section 31 70
Reference of disputes to Boards, Courts or Offence by companies, etc., Section 32 71
Tribunals, Section 10 65 Conditions of service, etc., to remain unchanged
Voluntary reference of disputes to arbitration, under certain circumstances during pendency
Section 10A 65 of proceedings., Section 33 71
Section 11, 11A, 12,13, 14,15 (Explained above) Cognizance of offences, Section 34 71
66 Protection of persons, Section 35 71
Form of report or award, Section 16 66 Representation of parties, Section 36 71
Publication of reports and awards, Section 17 66 Protection of action taken under the Act, Section
Commencement of the award, Section 17A 66 37
71
Payment of full wages to workman pending
proceedings in higher courts, Section 17B 66 Power to make rules, Section 38 71
Powers and Functions of Labor Courts, Section Delegation of powers, Section 39 72
ÂÂ Child : Any person who has not completed hazardous, such as cyanide, lead, mercury,
his or her fifteenth year of age. asbestos, and benzene. The use, handling,
ÂÂ Young Person : Any person who is either a storage, or manufacture of these substances
child or who is between the ages of fifteen in factories requires special precautions to
and eighteen years. ensure the safety and health of the workers
and to prevent accidents and injuries.
ÂÂ Competent Person : A person who has
been appointed in writing by the occupier of ÂÂ The Second Schedule to the Act lists the
the factory as competent to perform certain substances that are considered hazardous but
specific duties under the Act. are not as dangerous as those listed in the
First Schedule. Examples of such substances
The Act stipulates that the occupier of every include coal, coke, and sulfur. The use,
factory shall ensure that there is a sufficient number handling, storage, or manufacture of these
of persons with the necessary qualifications and substances also requires special precautions
experience who have been appointed as competent
to prevent accidents and injuries.
persons for specific purposes, such as–
ÂÂ Section 2(cb) is an important provision of
ÂÂ Certifying the Fitness of Machinery and
the Factories Act as it defines the scope of
Equipment : A competent person must
hazardous processes in factories and provides
inspect and certify the safety and fitness of
a basis for identifying the safety and health
every machine or part of a machine before it
risks associated with them. Employers must
is used for the first time, after any substantial
take appropriate measures to ensure the
repairs, and at least once a year thereafter.
safety of workers employed in hazardous
ÂÂ Supervising Dangerous Operations : A processes and comply with the regulations
competent person must be appointed to
related to such processes under the Act.
supervise any dangerous operations, such as
handling of explosives, use of cranes, and Manufacturing Process: Section 2(m) of
other heavy machinery. the Factories Act, 1948 defines the term
manufacturing process as any process for
ÂÂ Conducting Medical Examinations : A
making, altering, or repairing any article, or
competent person must be appointed to
for adapting any substance for use, sale, transport,
conduct medical examinations of workers and
delivery, or disposal.
maintain medical records.
Hazardous Process : Section 2(cb) of the Section 2(m) also includes certain processes
Factories Act, 1948 defines the term hazardous that are specifically excluded from the definition
process as any process or activity in a factory of manufacturing process. These processes
that involves the use, handling, storage, or include–
manufacture of any substance which is listed in ÂÂ The handling of goods in a warehouse or go
the First Schedule or the Second Schedule to the down.
Act. These substances are considered hazardous
ÂÂ The cleaning of any part of the machinery
because they are explosive, flammable, toxic, or
or premises of a factory.
corrosive, or they can cause harm to human beings
or the environment. ÂÂ The repair or maintenance of any part of
the factory.
ÂÂ The First Schedule to the Factories Act lists
the substances that are considered highly ÂÂ The process of banking or insurance.
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Learn FINITE
Read LESS Learn MORE Factories Act, 1948
ÂÂ Any office work or clerical work carried out this Act 1[except section 67] for such period and
in a factory. subject to such conditions as it may think fit.
Provided that no such notification shall be
Section 3 : References to Time of Day
made for a period exceeding three months at a time.
In this Act references to time of day are references
to Indian Standard Time, being five and a half Section 6 : Approval, Licensing and
hours ahead of Greenwich Mean Time. Registration of Factories
Provided that for any area in which Indian The approval, licensing, and registration of
Standard Time is not ordinarily observed the State factories are typically regulated by government
Government may make rules– agencies responsible for ensuring that factories
ÂÂ specifying the area, operate in compliance with relevant laws and
ÂÂ defining the local mean time ordinarily regulations. These agencies may vary by country
observed therein, and and jurisdiction, but their primary role is to protect
public health, safety, and the environment.
ÂÂ permitting such time to be observed in all or
any of the factories situated in the area. In general, factories must obtain a license
or permit from the relevant regulatory agency
Section 4 : Power to Declare different before they can begin operating. The application
Departments to be Separate Factories process typically involves providing information
or two or more Factories to be a Single about the nature of the factory’s operations, its
Factory location, and its compliance with relevant safety
The State Government may, on its own or on an and environmental regulations. The regulatory
application made in this behalf by an occupier, agency may also conduct site visits and inspections
direct, by an order in writing [and subject to such to ensure that the factory meets all necessary
conditions as it may deem fit that for all or any of requirements.
the purposes of this Act different departments or Once a factory is approved and licensed,
branches of a factory of the occupier specified in it may be subject to ongoing inspections and
the application shall be treated as separate factories monitoring to ensure continued compliance with
or that two or more factories of the occupier relevant regulations. Failure to comply with these
specified in the application shall be treated as a regulations can result in fines, penalties, or even
single factory. the revocation of the factory’s license.
Provided that no order under this section shall
be made by the State Government on its own Section 7 : Registrations and Licensing
motion unless an opportunity of being heard is of Factories
given to the occupier. According to this section, no person can establish
or run a factory without obtaining the necessary
Section 5 : Power to Exempt during permission from the government. The section
Public Emergency states that–
In any case of public emergency the State ÂÂ No factory can be established without
Government may, by notification in the Official submitting an application to the Chief
Gazette, exempt any factory or class or description Inspector of Factories or the State
of factories from all or any of the provisions of Government.
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ÂÂ The Chief Inspector or the State Government, maintenance of such means of access to,
as the case may be, will grant a license to the and egress from, such place as are safe and
factory if they are satisfied that the factory without such risks;
complies with the provisions of the Act and is ÂÂ The provision, maintenance or monitoring
safe for workers. of such working environment in the factory
ÂÂ The license granted under this section is valid for the workers that is safe, without risks to
for one year, and it must be renewed before health and adequate as regard facilities and
its expiry. arrangements for their welfare at work.
ÂÂ The application for renewal of the license
must be made at least 30 days before the CHAPTER II : THE INSPECTING STAFF
expiry of the current license. Section 8: Inspector
ÂÂ The government can refuse to grant or renew The State Government may, by notification in the
a license if they find that the factory is not Official Gazette, appoint such persons as possess
complying with the provisions of the Act, or the prescribed qualification to be inspectors for
if they deem it unsafe for workers. the purposes of this Act and may assign to them
ÂÂ Appointment of inspectors and their powers such local limits as it may think fit.
and duties. The State Government may, by notification
ÂÂ Right of entry, inspection, examination, and in the Official Gazette, appoint any person to be
seizure. Chief Inspector who shall, in addition to powers
conferred on Chief Inspector under this Act,
Section 7A : General Duties of the Occupier exercise the powers of an Inspector throughout the
Every occupier shall ensure, so far as is State.
reasonably practicable, the health, safety and ÂÂ 35(2A) states that The State Government may,
welfare of all workers while they are at work in by notification in the Official Gazette, appoint
the factory. as many Additional Chief Inspectors,
Without prejudice to the generality of the Joint Chief Inspectors and Deputy Chief
provisions of sub-section (1), the matters to which Inspectors and as many other officers as
such duty extends, shall include– it thinks fit to assist the Chief Inspector
and to exercise such of the powers of the
ÂÂ The provision and maintenance of plant and
Chief Inspector as may be specified in such
systems of work in the factory that are safe
notification.
and without risks to health;
ÂÂ Every additional Chief Inspector, Joint Chief
ÂÂ The arrangement in the factory for ensuring
Inspector, Deputy Chief Inspector and every
safety and absence of risks to the health in
other officer appointed under sub- section
connection with the use, handling, storage and
(2A) shall, in addition to the powers of a
transport of articles and substances;
Chief Inspector specified in the notification
ÂÂ The provision of such information, instruction, by which he is appointed, exercise the power
training and supervision as are necessary to of an Inspector throughout the State.
ensure the health and safety of all workers at
work; Section 9 : Powers of Inspectors
ÂÂ The maintenance of all places of work in Subject to any rules made in this behalf, an
the factory in a condition that is safe and Inspector may, within local limits for which he is
without risks to health and the provision and appointed–
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ÂÂ Enter with such assistants, being persons in ÂÂ Exercise such other powers as may be
the service of the Government, or any local or prescribed.
other public authority or with an expert, as he
thinks fit, any place which is used, or which Section 10 : Certifying Surgeons
he has reason to believe is used as a factory; ÂÂ The State Government may appoint qualified
ÂÂ Make examination of the premises, plant, medical practitioners to be Certifying
machinery, article or substance; Surgeons for the purposes of this Act within
ÂÂ Inquire into any accident or dangerous specified local limits.
occurrence, whether resulting in bodily ÂÂ A Certifying Surgeon may, with the approval
injury, disability or not, and take on the spot of the State Government, authorize any
or otherwise statements of any person which qualified medical practitioner to exercise
he may consider necessary for such inquiry; any of his powers under this Act, subject to
ÂÂ Require the production of any prescribed specified conditions.
register, record or other document relating to ÂÂ No person shall be appointed to be, or
the factory; authorized to exercise the powers of, a
ÂÂ Seize, or take copies of, any register, record Certifying Surgeon for any factory or class or
or other document or any portion thereof, as description of factories if he is, or becomes,
he may consider necessary in respect of any the occupier of the factory or is in any way
offence under this Act, which he has reason to directly or indirectly interested therein.
believe, has been committed; ÂÂ The duties of a Certifying Surgeon include–
ÂÂ Direct the occupier that any premises or any Examining and certifying young
part thereof, or anything therein, shall be left persons (adolescents) for employment,
undisturbed (whether generally or in particular
Examining persons engaged in dangerous
respects) for so long as is necessary for the
purpose of any examination under clause (b); operations,