Section 16 of FA, 1948 : Section 16: Overcrowding

Explanation using Example

Imagine a garment factory named "StitchWell Garments" that has been operating since 1980. The factory floor is bustling with workers, and the management is looking to increase production by adding more sewing stations. However, before they can do so, they must ensure compliance with Section 16 of The Factories Act, 1948.

The factory has a workroom measuring 300 cubic metres. According to Section 16(2), since the factory was in existence before the commencement of the Act, they must have at least 9.9 cubic metres of space per worker. Thus, the maximum number of workers that can be employed in this room is 30 workers (300 cubic metres / 9.9 cubic metres per worker).

To avoid overcrowding, the factory manager decides to post a notice, as per Section 16(3), at the entrance of the workroom specifying that only 30 workers are allowed to work in that room at any given time.

Later, the factory undergoes modernization, and the ceiling is raised to allow better ventilation. The new ceiling height is 6 metres. However, Section 16(2) specifies that only space up to 4.2 metres is considered for calculating the room volume for worker occupancy. Therefore, the additional height beyond 4.2 metres does not change the maximum number of workers allowed.

The management, believing that the improved ventilation makes the space more accommodating, applies for an exemption under Section 16(4). The Chief Inspector visits the factory, reviews the conditions, and grants an exemption allowing 35 workers in the room, provided that additional ventilation systems are installed and maintained.