Definition” and “Working Hours of Adults” under the Factories Act, 1948,

  “Definition” and “Working Hours of Adults” under the Factories Act, 1948, with section-wise explanation and key points. 

 I. Important Definitions under the Factories Act, 1948 (Section 2)

Understanding the definitions is essential to apply the provisions of the Act properly. The main definitions are given under Section 2:

🔹 Section 2(a): Adult

“Adult” means a person who has completed eighteenth year of age.

This definition helps to distinguish working conditions and protections available for adults versus adolescents or children.

🔹 Section 2(l): Worker

A "worker" is a person employed—directly or through an agency, with or without wages—in any manufacturing process, cleaning machinery, or any incidental work.

 Covers both paid and unpaid workers.

🔹 Section 2(k): Manufacturing Process

Any process involving:

• Making, altering, finishing, packing
• Washing, cleaning, oiling, breaking
• Pumping, printing, dyeing, power generation

This term broadly includes many industrial and semi-industrial processes.

🔹 Section 2(m): Factory

Any premises where:

• 10 or more persons are working with the aid of power, or
• 20 or more persons are working without power, and
• A manufacturing process is being carried out.

🔹 Section 2(n): Occupier

The person who has ultimate control over the affairs of the factory.
Could be an owner, partner, managing director, or manager.

🔹 Section 2(cb): Hazardous Process

A process that may cause material impairment to the health of persons or serious danger to life or safety, due to toxic substances or unsafe working conditions.

  II. Working Hours of Adults (Sections 51 to 66)

The Factories Act, 1948, ensures that adult workers are not subjected to overwork or unsafe working conditions. Here's a breakdown:

Section 51: Weekly Hours

❗ No adult worker shall be required or allowed to work more than 48 hours in any week.

Section 52: Weekly Holidays

❗ Every adult worker must be allowed one whole day off in every week, typically Sunday.
Any change in the weekly holiday must be notified to the Inspector and displayed in the factory.

Section 53: Compensatory Holidays

If a worker is deprived of weekly holidays due to unavoidable circumstances, he must be given a compensatory holiday within the same month or within the next two months.

Section 54: Daily Hours

❗ A worker shall not work for more than 9 hours in a day.
 Exception: Can exceed only with prior approval of Chief Inspector, and overtime pay must be provided.

 Section 55: Rest Intervals

Work must be interrupted after 5 hours by a rest interval of at least half an hour.

Section 56: Spread Over

The total spread-over of work including rest intervals must not exceed 10.5 hours in a day.
 Can be extended to 12 hours with permission from the Chief Inspector.

 Section 57: Night Shifts

If a worker works past midnight, his next day’s work must begin 24 hours after the previous shift ended.

Section 58: Prohibition of Overlapping Shifts

Workers cannot be engaged in more than one shift simultaneously doing the same kind of work.
This prevents excessive working hours and confusion.

Section 59: Overtime Wages

❗ If a worker works more than 9 hours/day or 48 hours/week, he is entitled to twice the ordinary rate of wages for overtime.

 “Ordinary rate” includes basic wage + allowances (excluding bonus and overtime itself).

Section 60: Restriction on Double Employment

❌ A worker shall not be employed in more than one factory on the same day.

Section 61: Notice of Periods of Work

Every factory must display a notice showing work hours of adult workers.

• Must mention shifts, groups, working hours, and rest intervals.
• Once notified, changes can be made only after giving prior intimation to the Inspector.

Section 62: Register of Adult Workers

A register must be maintained with:

• Names
• Work nature
• Group or shift
• Hours of work

Only persons listed in the register can be legally employed.

Section 63: Hours of Work to Correspond with Notice and Register

Actual working hours must match both the notice and the register.

Section 64: Power to Make Exempting Rules

The State Government may exempt certain categories from provisions of Sections 51–61, such as:

• Urgent repairs
• Intermittent work
• Continuous processes (like steel or sugar mills)

 Section 65: Exemptions for Emergencies

The manager can employ adult workers beyond prescribed hours in case of:

• Breakdowns
• Accidents
• National emergencies

But this must be recorded and reported to the Inspector.

Section 66: Restrictions on Women Workers

Women shall not be required or allowed to work:

• Before 6 AM or after 7 PM
• Exception: Can be extended up to 10 PM with consent and safety arrangements.

Summary Table

Section	Provision	Key Rule
51	Weekly hours	Max 48 hours/week
52	Weekly holiday	1 day off/week
54	Daily hours	Max 9 hours/day
55	Rest interval	Break after 5 hours
56	Spread over	Max 10.5 hours/day
59	Overtime	Double wages
60	Dual employment	Prohibited
66	Women’s timing	6 AM to 7 PM (extendable with safety)

Conclusion:

The Factories Act, 1948 protects adult workers from being overworked or exploited by clearly defining the maximum working hours, rest periods, and overtime rules. These measures promote workplace safety, health, and efficiency in industrial environments, fulfilling Directive Principles under Articles 39 and 42 of the Indian Constitution.

🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.

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