Employment of young persons on dangerous machines 24. Draft amendment proposals the factories act, 1948 act no. The factories act, 1948 learning objectives the definition of factory, manufacturing process, worker and occupier under. Factories act 1948 complete act citation 51809 bare act. If in any factory workers can efficiently do their work in a sitting position, the chief inspector may require the occupier of the factory to provide such seating arrangements as may be practicable. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if. Buy factories act, 1948 with faqs book online at best prices in india on.
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. Competitive exams the factories act, 1948 translation in. Describe objective, scope and coverage of factories act. The occupier of factory is also required to get the factory registered for obtaining a license for operating it and send a notice of occupation to a chief inspector of factories, at least 15 days before he begins to occupy the factory.
In case change in occupier, proof of being occupier as describe below in case of company a. 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 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. The act also empowers the state governments to frame rules, so that the local conditions prevailing in the state are appropriately reflected in the. In april 1855 a national association of factory occupiers was formed to watch over. Glide to success with doorsteptutor material for ias. The act of 1948 not only consolidated but also amended the law regulating labour in factories.
Who is an occupier as per the factories act,1947 pdf. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india. All statutory deductions for pf, esi, professional tax, it, etc. Section 2 n of the factories act, 1948 defines occupier as follows.
The factories act regulates the conditions of work health, safety, etc in factories. The government is actively considering the introduction of some vital amendments to the act to keep it in tune with time and make it more effective while dealing with the duties of the occupier and factory manager under factories act 1948, altogether we can conclude that the occupier and factory manager has a vital role to play in assuring the. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. Every occupier of a factory shall, a if such factory engaged in a hazardous process on the commencement of the factories amendment act, 1987 2 of 1987, within a period of thirty days of such commencement. 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 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. 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. Exemption of occupier or manager from liability in certain cases. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. An act to consolidate and amend the law regulating labour in factories. The act is enforced by the state governments through their factory inspectorates. 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. O code of industrial hygiene as were practicable under indian conditions.
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. The application for registration and notice of occupation. 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. To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
This act was to amend the previous acts of 1937 and 1948, as well as adding more. Jan 01, 2009 buy factories act, 1948 with faqs book online at best prices in india on. 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. An illustrative analysis of the definition of factory in the factories act, 1948. 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 with regard to. It was passed with the intention of safeguarding the health of workers. Prohibition of employment of women and children near cottonopeners 28. Business law factories act the factories act was incorporated in 1948. Under the act, the provisions for firstaid appliances are obligatory.
In this case, the person who is an occupier is one of the directors of the. Section4 power to declare different departments to be separate factories or two or more factories to he a single factory. The factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Explain the important aspects of factory act 1948 i. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. 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. Jan 05, 2011 the factories act regulates the conditions of work health, safety, etc in factories. 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. An act to consolidate and amend the law regulating labour in. There is no specific category of director who should be designated as occupier as defined in this section.
The main objective of the factories act is to regulate the conditions of work in. In case of a company, it includes any director of a company. Section 2n of the factories act, 1948 defines the occupier in relation to factories. First of all, the occupier should be one of the directors of the company and have the ultimate control over the factory as per section 2nii of the factories act, 1948. Feb 04, 2015 the term factory is defined in section 2m of the factories act, 1948. The provisions of the factories act, 1948, or any rules made under the act, or any. Power to declare different departments to be separate factories or two or more factories to be a single factory 8 5. Applicable to only those factories, which employed 100 or more workers. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. Duties of occupier directorate of industrial safety and. Describe objective, scope and coverage of factories act 1948. Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Sep 27, 2016 first of all, the occupier should be one of the directors of the company and have the ultimate control over the factory as per section 2nii of the factories act, 1948.
Rule 14 notice of occupation for registration and grant or. To ensure the health, safety and welfare of all workers while they are at work in the factory. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. Xxv of 1934 20th august, 1934 an act to consolidate and amend the law regulating labour in factories. Yet some employers have still not applied the prescribed guidelines. The occupier of every factory involving a hazardous process shall disclose in. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. September, 1948 an act to consolidate and amend the law regulating labour in factories.
Here, the ultimate control means which would be the last and the final power to take decisions. Rule 2a competent person rules prescribed under section 2a clause 2ca and section 112. Occupier of a factory means the person who has ultimate control over the affairs of the factory. To regulate the working condition in factories, regulate the working. Employment, 104 fees realized under the factories act, 1948 4. 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. The term factory is defined in section 2m of the factories act, 1948. It deals with various problems concerning safety, health, efficiency and wellbeing of the. Factory act 1948 short note ppt occupational safety and. Striking gear and devices for cutting off power 25. Government is satisfied that, following upon a change of occupier of a factory or in the manufacturing process carried on therein, the number of workers for the time being working. Penalities and procedure under factories act 1948 the factory act, 1948 was enacted for betterment of condition of workmen 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. Compulsory disclosure of information by the occupier dgfasli. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Objective of factories act, 1948 the main objectives of the indian factories act, 1948are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories. According to section 2n occupier of a factory means the person, who has. General duties of the occupier page 1 factories act, 1948 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Section 7 imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the chief inspector at least 15 days before an occupier begins to occupy or use a premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories, i. Factory in the factories act,1948 legal service india. Without prejudice to the generality of subsection 1, there shall be in every workroom of a factory in existence on the date of the commencement of this act at least 9. Notice by occupier 1 the occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send a notice to the chief inspector containing a the name and situation of the factory. The factory acts were a series of acts passed by the parliament of the united kingdom to. Power to declare different departments to be separate factories or two or more factories to be a single factory.
It safeguards the interests of the workers and it is for the welfare of the factory workers. 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. Rule 2a competent person rules prescribed under section 2a clause 2ca and section 112 1 the chief inspector may recognise any person as a competent person within such area and for such period as. Duties of occupier duties of occupier under factories act, 1948 general. Mar, 2014 section 2 n of the factories act, 1948 defines occupier as follows. The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. Who is an occupier as per the factories act,1947 pdf download.
According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. Frequently asked questions on factories act 1948 foundation jps. Dec 23, 2010 2 registrationlicense and notice by occupier. Objectives to know the objectives, scope and coverage of the act to take note of the provisions relating to health, safety and welfare to understand the provisions relating to working hours, holidays and leave to develop an understanding about the special provisions for women and young persons to appreciate the administrative and enforcement machinery. The act received the assent of governor general of india on september 23, 1948 and came into force on april 1, 1949. The definition of factory is given in section 2m of the factories act,1948. Moa, a copy of list of directors certified by the company secretary. Introduction in india the first factories act was passed in 1881. In these rules unless there is anything repugnant in the subject or context. Factories act factory involving factory or class factory wherein fume hazardous process himachal pradesh india indian penal code industries internal combustion engine jammu and kashmir labour latrines latrines and urinals least once leave manufacturing process carried months notice notification occupier or manager. The factories act, 1948 provides for the health, safety, welfare and other aspects of workers in factories.
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