Background
The Gujarat Factories Rules, 1963 were framed under the enabling provisions of the Factories Act, 1948 with the objective of ensuring the health, safety, and welfare of workers employed in factories across the state of Gujarat. These Rules provide detailed procedures, registers, forms, and compliances that complement the substantive provisions of the parent Act. While the Factories Act lays down general standards, the Gujarat Rules operationalize them with state-specific requirements such as licensing procedures, record-keeping formats, safety measures, fire precautions, medical facilities, welfare amenities, accident reporting, and annual/half-yearly returns. Over time, amendments have been introduced to align these Rules with evolving industrial practices, hazardous process management, and occupational safety standards.
Applicability
The Gujarat Factories Rules, 1963 apply to all factories situated within the State of Gujarat as defined under Section 2(m) of the Factories Act, 1948, i.e.:
but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952)], or a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place.
Compliance requirements under the Act in accordance with the Rules
The occupier or manager of every factory shall submit to the Chief Inspector an application in triplicate in Form No. 2 for the registration of the factory, accompanied by an application in Form No. 3 for the grant of a licence. In case of a place to which the Act is made applicable by notification under Section 15, the occupier shall submit an application within 30 days of such notification. Factory Licence acts as an approval document provided by authorities to carry out manufacturing activities.
A licensee must apply for amendment of licence if there is a change in the name of the factory, or if the factory exceeds the limits specified in the licence regarding horsepower or number of persons employed. Application for amendment must be submitted within 30 days of the event. No amendment is necessary unless such changes require a higher licence or renewal fee.
In case of loss of licence, the occupier must apply to the Chief Inspector for a duplicate copy following prescribed procedure.
Factories must maintain Form 7 as a record of dates on which white-washing, colour-washing, varnishing, etc. are carried out.
Factories must take adequate measures to prevent inhalation and accumulation of dust, fumes, or impurities that may be injurious to workers.
Cotton spinning and weaving mills maintaining a hygrometer must record temperatures of wet and dry bulbs thrice daily in Form 6, which must be available for inspection.
Factories must make arrangements to prevent overcrowding and ensure sufficient working space for workers.
Factories must ensure adequate arrangements to prevent glare in workplaces.
Every lifting machine and lifting tackle must be thoroughly examined by a competent person, and details recorded in Form 10.
Factories must maintain a register for water-sealed gasholders.
Factories must ensure other specified measures as precautions against fire under Rule 66(2).
Factories must provide fire exits as per specifications laid down in Rule 66-A(9).
Factories must provide and maintain adequate and suitable first-aid firefighting equipment for fighting fires in early stages.
Factories must ensure specified arrangements and controls for safe access to vessels in dry dock.
Occupiers must disclose all information regarding dangers, health hazards, and preventive measures to workers, Chief Inspector, local authority, and the general public in the vicinity.
Factories must arrange internal or external safety audits as required.
Factories must submit safety audit reports to the Chief Inspector as prescribed.
Factories must prepare MSDS for every hazardous substance handled in manufacture, transport, or storage, and make it available to workers.
Workers employed in hazardous processes must undergo medical examination once every six months by a qualified medical practitioner or Factory Medical Officer. Records must be kept in Form 32.
Factories must maintain prescribed first aid boxes or cupboards, one for every 150 workers, under the charge of a trained person, available during working hours.
Factories employing more than 500 workers must provide a prescribed-size ambulance room with necessary equipment.
Charges for food items and beverages in factory canteens must be conspicuously displayed.
Factories must maintain and produce accounts of the canteen as prescribed.
The woman in charge of a creche must have:
32. Welfare Officers (Section 49)
Factories with 500 or more workers must employ the prescribed number of Welfare Officers.
Factories must provide workers with weekly holidays. Compensatory offs must be given as per Section 53 when holidays are deprived due to orders/rules.
Workers must not be granted more than 2 compensatory holidays in a week, and such holidays cannot be counted as part of notice period at discharge.
Except for technical workers requiring continuous work, compensatory holidays are limited to 2 per week and not counted as notice period during discharge.
Managers must maintain Form 12 for 3 years, unless exempted by the Chief Inspector, to record compensatory holidays.
For workers on shifts extending beyond midnight, a holiday of 24 consecutive hours is counted from the end of their shift.
Factories with exempted workers must maintain Form 13 showing normal piece-work rate or hourly rate of pay, available for inspection.
Overtime must be recorded in duplicate slips, signed by the Manager or authorised person, with a copy given to the worker immediately after work.
Factories must display Form 42 showing daily work periods of adult workers.
No adult worker may work unless their particulars are entered in Form 15, to be preserved for 12 months.
Children must not work more than 4.5 hours daily and must not be employed at night.
No child may work unless their details are recorded in Form 17, preserved for at least 12 months.
Factories must comply with Section 79 provisions regarding annual leave with wages.
Workers granted leave for 4 days (adults) or 5 days (children) must be paid wages in advance before leave begins.
Managers must maintain Form 18 for 3 years, unless exempted by Chief Inspector, recording leave and wages.
Managers must provide each worker with a leave book in Form 19.
Managers must notify the Inspector of any lay-offs as per prescribed procedure.
Factories must pay wages due to a deceased worker to the registered nominee.
Where exemption under Section 84 applies, a register showing leave taken and wages granted must be maintained, and a notice displayed at the main entrance.
Factories must comply with provisions of Schedule XIX of Rule 102, applicable to dangerous manufacturing processes or operations.
Accidents causing death or serious injury must be reported to Inspector and Chief Inspector immediately, confirmed within 12 hours by Form 21. If death occurs later, fresh notice must be given by phone, messenger, or telegram and confirmed in writing within 12 hours.
Dangerous occurrences without bodily injury must be reported immediately by telephone, messenger, or telegram, and confirmed within 12 hours in Form 21A.
If accident or dangerous occurrence prevents an injured person from working for 48 hours or more, the Manager must report it within 24 hours after expiry of such period in Form 21.
Cases of poisoning/disease such as lead, mercury, arsenic, benzene, anthrax, silicosis, toxic jaundice, cancer, or radiation effects must be notified immediately in Form 22 to Chief Inspector and Certifying Surgeon.
Factories must display an abstract of the Act and Rules in Form 23.
All statutory notices must be in English and the language understood by most workers, displayed at a prominent place near the main entrance, clean and legible.
Factories must submit annual return in Form 24.
Factories must submit half-yearly return in Form 25.
Factories observing fixed weekly holidays or Inspector-approved lists are exempt from annual holiday return. Any deviations must be intimated in advance.
Factories must prepare and maintain muster roll in Form 28 with name, work nature, and daily attendance, preserved for 3 years.
Workers must be issued identity cards in Form 36 and carry them during work. Duplicate cards must be issued free if lost, on submission of a new photograph.
Factories must maintain inspection book in Form 31 with at least 180 consecutively numbered pages, available to inspectors or certifying surgeons.
A Certificate of Stability must be obtained before using any building for factory purposes, including new, reconstructed, or extended buildings.
Penalties & Punishment
Section 92: General penalty for offences.—Save as is otherwise expressly provided in this Act and subject to the provisions of section 93 , if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued:
Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
Section 94. Enhanced penalty after previous conviction.— If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both
Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees
Provided further that where contravention of any of the provisions of Chapter IV or any rule made
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty-five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury
Section 95. Penalty for obstructing Inspector.—
Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an Inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
Section 96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to 6[six months] or with fine which may extend to ten thousand rupees or with both.
Section 96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1)Whoever fails to comply with or contravenes any of the provisions of section 41B , 41 C or 41 H 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.
Section 97. 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.
Section 98. Penalty for using false certificate of fitness.—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 it 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.
Section 99: Penalty for permitting double employment of child.—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.
Conclusion
The Gujarat Factories Rules, 1963 serve as an essential compliance framework for industries, ensuring that occupational health, safety, and welfare standards are maintained at the workplace. Together with the Factories Act, 1948, these Rules provide a robust mechanism for safeguarding workers against industrial hazards, regulating working conditions, and mandating welfare amenities such as canteens, crèches, first aid, and ambulance rooms. They also emphasize accident reporting, disease notification, and safety audits, thereby promoting a culture of accountability and preventive care. For employers and managers, strict adherence to these Rules is not only a statutory obligation but also a cornerstone for sustainable industrial operations in Gujarat.
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