Competitive exams the factories act, 1948 translation in. Do a hand driven lifting equipment need certification from competent person under article 29 of factories act. Who is an occupier as per the factories act,1947 pdf. The factories act, 1948 is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. Since the aim and object of the act is to safeguard the interest of workers and protect them from exploitation, the act prescribes certain standards. Factories act 1948 section 40b safety officers judgments. Chief inspector of factories and boilers and others supreme court, 1996, where in the supreme court the court went on to say that the word ultimate in common parlance means last or final. O code of industrial hygiene as were practicable under indian conditions. Section 2n in the factories act, 1948 n occupier of a factory means the person who has ultimate control over the affairs of the factory 11. Factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. Prohibition of employment of women and children near cottonopeners 28.
The objective of the act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term factory as used in the act. Describe objective, scope and coverage of factories act 1948. The provisions of the factories act, 1948, or any rules made under the act, or any. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if. In the regard a three member export committee was constituted to examine the proposal in consultation with the stakeholders. I n the case of a company, any one of the directors shall be deemed to be the occupier. The factories act, 1948 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. Applicability of the act at any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that.
Introduction in india the first factories act was passed in 1881. All employers should intimate the labour department whenever there is a change of factory manager or occupier in form 2a notice of change of manager or occupier as per the given format. In this act, unless there is anything repugnant in the subject or context, a adult means a person who has completed his eighteenth year of age. All statutory deductions for pf, esi, professional tax, it, etc. Sep 27, 2016 the factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. Dec 09, 2015 factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. In this act, unless there is anything repugnant in the subject or context. Part10 factories act working hours sec5158labour law cs.
The factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. Describe objective, scope and coverage of factories act. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. This act also provides minimum period of rest, payment of wages for extra hours of duty and enjoins on the employer certain obligation towards the employee. According to section 2n occupier of a factory means the person, who has. Ajith kumar, chief operating officer of the company be and is hereby appointed as the occupier for the factory, abc private limited, situated at no.
In farming the new act, the labour minister stated in the legislature on 30 th january, 1948 that the government had tried to implement as many of the provisions of the i. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. Feb 04, 2015 the term factory is defined in section 2m of the factories act, 1948. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th february, 2009. In case of a company, it includes any director of a company. The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories factories working. If you continue browsing the site, you agree to the use of cookies on this website. Employment, 104 fees realized under the factories act, 1948 4.
There is no specific category of director who should be designated as occupier as defined in this section. In this act, unless there is anything repugnant in the subject or context, ii whereon twenty or more workers are working. The act regulates the safety, health and welfare of factory workers. Resolved that pursuant to section 2n and all other applicable provisions of the factories act, 1948, mr. Compulsory disclosure of information by the occupier dgfasli. General duties of the occupier section 7a has been inserted by the factories amendment act 1. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. It extended the age limits for the medical examination of persons entering factory employment, while also including male workers in the regulations for providing seats and. So in the present case, if the occupier proves before the court that he has taken reasonable care in complying the laws under the act, or that the said other person committed the offence in question without his knowledge or without any. To ensure the health, safety and welfare of all workers while they are at work in the factory. Model rules under the factories act, 1948 corrected up to 31987 directorate general. In the cas e of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier.
The occupier was punished under the power of section 92 of the factories act, 1948 as well as under the section 304 a of the indian penal code for an accident causing death in the factory. An act to consolidate and amend the law regulating labour in factories. In our opinion hand driven lifting equipment does not require certification. The government of india enacted factories act in 1948 to safeguard workers against exploitation by the employers and to ensure their safety, health and welfare. Jammu and kashmir labour latrines latrines and urinals least once leave manufacturing process carried months notice notification occupier or manager officer official gazette order in writing ordinarily employed overtime period plant or machinery premises prevention provided and maintained provincial. It means that in any premises if 10 or more workers are engaged in a manufacturing process with aid of power or if 20 or more workers are engaged in the manufacturing process without aid of power such premises will be covered under the factories, 1948.
Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india. Very important features of the factories act, 1948 the present factories act, 1948 consists of 120 sections divided into xi chapters, mainly dealing with procedural and enabling provisions to make the law effectively enforceable by imposing responsibilities on the employer and occupier of the factories. The application for registration and notice of occupation. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. The factories amendment bill, 2016 was introduced in lok sabha on august 10, 2016 by the minister for labour and employment, mr. To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. Ministry of labour and employment inviting comments or suggestion on the proposed amendments to the factory act. The act of 1948 not only consolidated but also amended the law regulating labour in factories. Whereas it is expedient to consolidate and amend the law regulating labour in factories. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. Sep 12, 2015 objective and applicability of the factories act the main objective of the factories act, 1948 is to ensure a safe environment for the persons working inside a factory. Factories act 1948 dgfasli, mumbai, ministry of labour. Applicable to only those factories, which employed 100 or more workers. Board resolution under factories act corporate law forum.
The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory and at least 30 days before the date of. To regulate the working condition in factories, regulate the working. Section 1 of factories act, 1948 short title, extent and commencement short title, extent and commencement 1 this act may be called the factories act, 1948. The factories act 1948 was an act of parliament passed in the united kingdom by the labour government of clement attlee. In case he is not allowed can an employee of the company appointed as an occupier. It can therefore, be construed that any kind of director can be appointed as occupier. Competitive exams commerce notes on labor laws dealing with factories act, 1948. Moa, a copy of list of directors certified by the company secretary. The act is applicable to any premises involved in manufacturing process engaging 10 or more people with the aid of power or 20 or more people without the aid of power. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. The ministry has received the proposal in accordance with the recommendations made by the expert committee. It was passed with the intention of safeguarding the health of workers.
Further a challan of rs 50 as a fee is also required to be deposited. Short title, extent and commencement 1 this act may be called the factories act 1948 2 it extends to the whole of india. The occupier of any factory has to obtain prior approval of the state government for the site on which the factory is to be situated and for the construction or extension of a factory. Striking gear and devices for cutting off power 25. Nomination of occupier under section 2nof the factories act, 1948 i. The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. Can we appoint a director who is a foreigner as an occupier as per the factories act, since he is not living in india continuously and comes only for board meetings. September, 1948 an act to consolidate and amend the law regulating labour in factories. Pl contact your area factory inspectors office,they will provide the blank challan clearly. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of. It deals with various problems concerning safety, health, efficiency and wellbeing of the.
Sep 24, 2016 the main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. Who is an occupier as per the factories act,1947 an employee who is having managerial andor supervisory power in the managementin the factory like to appoint and terminate the service of any person worker, official of the factory, sanction of leave, gate pass, become the occupeir of the factory. Therefore, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on august 28, 1948. Factories act 1948 section 51 page 2 judgments legalcrystal. Duties of occupier directorate of industrial safety and. The landmark case in this regard is jk industries ltd and others v. Changes we have not yet applied to the text, can be found in the changes to legislation area. In case change in occupier, proof of being occupier as describe below in case of company a. For change of occupier, required information are required to be filled in prescribed form no. Duties of occupier duties of occupier under factories act, 1948 general. Objective and applicability of the factories act the main objective of the factories act, 1948 is to ensure a safe environment for the persons working inside a factory. The bill amends provisions related to overtime hours of work. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. Mar 11, 2011 the factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising.
Employment of young persons on dangerous machines 24. According to factories act 1948, the occupier is a person who has ultimate control over the affairs of the factory. Dec 23, 2010 2 registrationlicense and notice by occupier. The main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. Penalty for permitting double employment of child 100 repealed 101 exemption of occupier or manager from liability in certain cases 102. Rule 14 notice of occupation for registration and grant or. Jun 12, 20 for change of occupier, required information are required to be filled in prescribed form no. Occupier under the factories act, 1948 in the case of a firm or other association of individuals, any one of the individual partners.
The factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. Frequently asked questions on factories act 1948 foundation jps. Power to declare different departments to be separate factories or two or more factories to be a single factory. Section 29 of the factories act deals with lifting machines and lifting tackles which are defined under explanation.
595 13 800 1173 644 464 1426 340 593 638 1011 893 498 1273 899 447 1328 666 369 1163 1370 837 478 167 1046 838 46 102 581 510 752 1035 1231 98 82 1344 1079 648 618 1260 1228 498 312 1005 128 5 1123 515