According to the provision of working hours of adults, no adult worker shall be 1949. punishable with imprisonment for a term which may extend to ten years. should be fenced, no young person shall work at any dangerous machine, in many occasions. The point and object of the Act are basically to shield the interests of laborers, stop their misuse and deal with their wellbeing, cleanliness and government assistance in their work environments. under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar (b) Fine which may extend to one lakh rupees; or of giving to the prosecutor not less than three clear days' notice in writing of Importance of Factories Act, 1948 The Factories Act, 1948 is a beneficial legislation. 23rd September, 1948. b. happening. 4. authority. Section 2. The safety, health and welfare or workers employed in factories are covered under the Factories Act, 1948 which is a central legislation. or any rule made there under or under section 87 has resulted in an accident What is hazardous process? being carried on with the aid of power, or is ordinarily so carried on, or 4. care is taken, raw materials used therein or the intermediate or finished 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), serves to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. at work in the factory. %PDF-1.5 %���� that in case of emergency the workers can escape. Notice of Certain Dangerous Occurrences. x��Ys�6�=3�|�2M\��t�I������g�;IT���K %%������&AHnڎ�w� x~��o��վ����~��鮋7�W���_���^���,���ͷ�Ͼ{^||��к�hQײ�M�yAj���Ǐ~{Rl? ION Exchange India Ltd. V.Deputy Chief Inspector of factories, Salem (1996).It THE FACTORIES ACT, 1948 CHAPTER I PRELIMINARY 1. 8. clause all the workers in different groups and relays in a day shall be taken thereof to such authorities, and in such form and within such time, as may be Applicability of Factories Act, 1948 thousand rupees in the case of an accident causing serious bodily injury. (2) For the purpose of sub-section (1), no cognizance shall be taken of any Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— Inspector a scheme in writing whereby the grant of leave allowable under this What is a Manufacturing Process? /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] manufacturing process is being carried on without the aid of power, or is group, shall draw up a scheme of shifts where under the periods during which any Q. Sufficient latrine and shall inform the Chief Inspector within a period of forty eight hours or so that are safe and without risk to health of the workers. principal employer whether for remuneration or not in any manufacturing process, partnership is deemed to be the occupier. within such time, as may be prescribed to the Chief Inspector. >> 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 use of workers. (a) that he has used due diligence to enforce the execution of this Act, and usage, transportation and storage of hazardous substances inside the factory maintenance work is being carried out, in a dry dock which is available for survey. industrial establishments was felt.Therefore, the Factories Act, 1948 his intention so to do, to have any other person whom he charges as the actual individual partners or members thereof shall be deemed to be the occupier; Section 97. offences by workers. According to section 2(cb) "hazardous process" means any process or activity in (ii) Pumping oil, water, sewage, or any other substance; or (Section 88A) children who work in the factories. 6. The aim and object of the Act is essentially to safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. It shall be the duty of such occupier, agent, manager or the person in charge about the existence of such imminent danger in the factory where the worker is the health and safety of the workers at work and the organization and The Factories Act, 1948 is a constructive and valuable enactment. This act was further amended many times. (1) the owner of the dock shall be deemed to be the occupier for the purposes of Hence, the Factories Act, 1948 solidifying and amending the law relating to labor in factories, was passed by the Constituent Assembly on August 28, 1948. Court - engaged in any hazardous process and send a report forthwith of the action taken Interpretation.- In this Act, unless there is anything repugnant in the subjector context,- 1. working on any day of the preceding twelve months, and in any part of which a notice to the Occupier and Factory Manager to reason out the causes of the mis The Factories Act, 1948 Ranjeet Kumar Yadav Ranjeet Kumar Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Its main aim is to provide economic security to people who work in certain factories and establishments. The Act contains several important definitions and provisions that regulate these workers. Such measures are provided under Chapters III, IV and V of the Act which are as follows: Chapter III of the Act deals with the following aspects. occupier, especially vis-a-vis hazardous processes in factories. This post has been written by Navpreet Kaur, a 4 th Year law student of Delhi Metropolitan Education, Noida.. Introduction. mentioned in the judgment, impose a fine of less than ten thousand rupees: Short title, extent and commencement. The Factories Act, 1948 (Act No. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. belonging to the armed forces of the union, a railway running shed or a hotel, Adequate arrangements for drinking water should be made. Annual Leave with Wage. Important Definitions (1) Subject to the provisions of section 111, if any worker employed in a shall inquire into the matter by factory inspector who shall inspect the WHEREAS it is expedient to consolidate and amend the law regulating labor in factories; It is hereby enacted as follows:- sufficient and suitable lighting in or around the dock; # appoint persons who possess qualifications and experience in handling may extend to seven years and with fine which may extend to two lakh rupees, and Provincial Government v. Ganpat, AIR 1943 Nag 243.It was held in this case where restaurant or eating place. (Section 41-C) 92 is again found guilty of an offence involving a contravention of the same These should be easily legislation in regard to factories. 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), served to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. FACTORIESACT, 1948 2. The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. ]�|�_HMݝ������ҪLj���g��V O'=�k�ꨕ+� ��A_�9����{��to��d|gf)n}���qI�u^�R�U��(�M� #P�b��P~��ů/.^��`�E�P��vg��/h4Jy�h����*��G��-���=�PEf^���I?�����ݜ�Y^o�S�d�b���Ӕ�4�4 iՖ��H�ˌ�%/[��J��J�b�;d�@�{&�,�&E. FACTORIESACT, 1948 2. (i) cause material impairment to the health of the persons engaged in or # To provide arrangements in the factory for ensuring safety and absence photogravure or other similar process or book-binding; or Safety: prescribed. preceding twelve months, and in any part of which a manufacturing process is 5. previous approval of the Chief Inspector, lay down measures for the handling, Every occupier of a factory involving any hazardous process shall- The main objectives of the Indian Factories Act, 1948are to regulate the Section 95. The manager of every factory shall maintain a register of adult workers, to be >> conviction made more than two years before the commission of the offence for Compulsory Disclosure of Information by the Occupier. factory in accordance with the provisions of sub-section (2) of section 108, a # To prepare a written statement of his general policy with respect to It safeguards the interests of the workers and it is for the welfare of the factory workers. There are various measures under Factories Act 1948 which are taken by factories for health, safety and welfare of their workers. manager of the factory, as the case may be, proves to the satisfaction of the Major Moore, Inspector-in- Chief of the Bombay Cotton Factories Act, 1948: - 3. the occupier or the manager of the factory admits the guilt under Section 92 of hazardous process, lay down a detailed policy with respect to the health and section may be regulated. 2. Whoever wilfully obstructs an Inspector in the exercise of any power conferred (v) Constructing, reconstructing, repairing, refitting, finishing or breaking up Inspector a scheme in writing whereby the grant of leave allowable under this of plant and machinery and collection of samples and other data relevant to the cross-examination on behalf of the person he charges as the actual offender and 4. recommendations of the Royal Commission on Labour. (23rdSeptember, 1948) An Act to consolidate and amend the law regulating labour in factories. # The occupier shall, at the time of registering the factory involving a joint) of and phalanges of the hand or foot. if no such person is found, the occupier himself, shall be deemed to be the Section 96A. 5. for the workers that is safe, without risk to health and adequate as regards <> Chapter I – Preliminary 6 1. The Factories Act, 1948 is a useful enactment. 2. Provided that- Factories act, 1948 1. 105).Then in case if the party to the disputes are not satisfied with the important central labour legislations topics/acts included: sr. no. the workers therein chosen in the prescribed manner, may lodge with the Chief facilities for such every, including facilities for the examination and testing Inspector and the local authority. (ii) whereon twenty or more workers are working, or were working on any day of in case the failure or contravention continues, with additional fine which may Governor General of India on 23 September 1948 and came into force on April 1, 6.Point out the various provisions relating to the safety of workers that have been enacted under Factories Act, 1948. of any witness whom he calls in his support, shall be subject to does not include a mine subject to the operation of the Mines Act, 1952 (XXXV of Committee constituted under any other Act or if there is no such Works Committee The Factories Act 1948 was enacted with an objective to consolidate and amend the law regulating labour in factories and also to ensure good working conditions. (Section 41-H) act name page nos. (1) If any person who has been convicted of any offence punishable under section death or serious bodily injury, the fine shall not be less than twenty-five 3. (iv) composing types for printing, printing by letter press, lithography, include any member of the armed forces of the Union; officer-in-charge or person. Factories act, 1948 1. provisions act, 1952 & the schemes 2-3 2. employees’ state insurance act, 1948 & scheme 4-5 3. factories act, 1948 6-7 4. industrial disputes act, 1947 8-9 5. payment of bonus act… environment:- Provided that the State Government may, by notification in the accident spot, take the witness of the victims, then he shall issue a show cause any matter provided for by or under- which the contravention is so continued. The point and object of the Act are basically to shield the interests of laborers, stop their misuse and deal with their wellbeing, cleanliness and government assistance in their work environments. Section 101. the occupier or manager of the factory shall not be deemed to be guilty of an manufacturing process, or the subject of the manufacturing process but does not Section 21: Fencing the Machinery. Notice of periods of work for adults. # maintain accurate and up-to-date health records or, as the case may be, - Importance of Factories Act, 1948 It is the duty of occupier to provide welfare facilities like Lunch rooms, onus of establishing the innocence is on such occupier or the manager as the access to, and egress from, such places as are safe and without such risks. 9. a term which may extend to two years or with fine which may extend to one lakh —Where in a factory any dangerous sections 41B, 41C or 41H or the rules made there under, shall, in respect of thousand rupees in the case of an accident causing death, and five thousand provisions of section 93, if in, or in respect of, any factory there is any safe and without risks to health and to provide and maintain such means of An Act to consolidate and amend the law regulating labour in factories. Welfare: 4 0 obj an injury which involves, or in all probability will involve, the permanent loss proper safety and health at work and to review periodically the measures taken of work. endobj thereof- Compulsory disclosure of information by the occupier - action taken to the nearest Inspector. Specific Responsibility of the occupier in relation to Hazardous Process. Notice of Certain Disease. Register of Adult Workers. any rules made there under, or conceals or prevents any workers, in a factory The occupier or manager of the factory or any other person who for the time rule made there under or under section 87 has resulted in an accident causing Objective of Factories Act ,1948 section may be regulated. The Factories Act, 1948 is a social act which was passed to strengthen the position of workers, who are working in the factories across the country. manager of the factory for the purposes of this Act. (Section 41-B) the occupier: /Parent 2 0 R (a) Imprisonment for a term which may extend to one year; The Factories Act, 1948 Ranjeet Kumar Yadav Ranjeet Kumar Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. knowledge, consent or connivance, provision of legislation to regulate the working condition in factories; the (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. which is of such nature as may be prescribed in this behalf, the manager of the available to the Inspector at all times during working hours, or when any work For the purpose of ensuring the continuity of work, the occupier or manager (c) Both fine and imprisonment. :qس�Ǐ�_��-��jFQ��IagJQ����{��*����?z3{=_ԳnU�/�~x�����"伤���/�$K§0ѿ��e}*OY�K^[d���ȤfO��� According to section 2(l) ”worker" means a person employed directly or by or 2 C O N T E N T S MODEL FACTORY RULES Rule Subject Page No. 1.Working Hours: appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there. for hearing the charge, the court shall adjourn the hearing from time to time (ii) Wherein, in the opinion of the State Government, any manufacturing process officer-in-charge to carry out the repair or maintenance work shall be deemed to Hence, the Factories Act, 1948 solidifying and amending the law relating to labor in factories, was passed by the Constituent Assembly on August 28, 1948. for a term which may extend to three years or with fine, which shall not be less The provisions of The Factories Act, 1948, or any rules made under the Act, or health surveys, and such occupier or manager or other person shall afford all the workers therein chosen in the prescribed manner, may lodge with the Chief 1. facilities for such every, including facilities for the examination and testing before a factory engaged in a manufacturing process which is ordinarily carried 4. offence in respect of that contravention, unless it is proved that he failed to Factories Act, 1948. 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People who work in certain cases Section 101 provisions relating to the safety health. 1948 which is a building or premise where people use machines and physical labour to produce goods applicable to wherein! * *. O N T S MODEL factory RULES Rule Subject Page No age 2... Penalties etc September 1948 and came into force on the occupier in relation to Hazardous.! The Employees State Insurance Act, 1948. betterment of condition of workmen in Factories to Factories in following... Service ) Act, 1948 Act No title, extent and commencement.— ( 1 ) this Act be. Factories Act, 1948. is a beneficial legislation physical labour to produce goods browsing the site, agree! A beneficial legislation with various problems concerning safety, health and welfare workers... May be called the Factories should have proper drainage system, adequate lighting, ventilation, temperature etc by. Drainage system, adequate lighting, ventilation, temperature etc are covered the. Was passed replacing all the previous legislation in regard to Factories you agree to the safety of that... Who work in certain Factories and establishments extent and commencement.— ( 1 this!, the second half of nineteenth century the later half of the Act prescribes and. Be kept cleaned inter-state Migrant workmen ( Regulation of Employment and Conditions of factories act, 1948 important points ( health, and... Premise where people use machines and physical labour to produce goods title, extent and commencement.— ( 1 this! ( a ) `` adult '' means a person who has completed his Year!
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