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. In accordance with clause n of section 2 of the factories act, 1948, the occupier of a factory means the person who has ultimate control over the affairs of the factory. Whereas it is expedient to consolidate and amend the law regulating labour in factories. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. This power will be utilised by the state government either on its own or on an application made to it by the occupier. 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. Oct 16, 2016 section 79 does not allow employer to regulate leaves. Sep 27, 2016 the factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. 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.
Duties of occupier under factories act, 1948 citehr. 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. Power to declare different departments to be separate factories or two or more factories to be a single factory. The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. 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.
Sep 24, 2016 the state government assumes power under section 4 of the act to declare different departments to be separate factories or two or more factories to be single factory for the purposes of this act. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. Dec 09, 2015 factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. An act to consolidate and amend the law regulating labour in factories. As per my understanding police can file an fir for negligence that has caused the death. Factory plan layout approval under the factories act 1948 name of approval noclicense registration factory plan layout approval under factory act 1948 1. Occupier of a factory means the person who has ultimate control over the affairs of the factory. The occupier of every factory involving a hazardous process shall disclose in the.
Striking gear and devices for cutting off power 25. Provisions relating to hazardous processes section 41a. Maharashtra factories rules, 1963 directorate of industrial safety. Download gujarat factory act 1948 forms download here in pdf format. Introduction in india the first factories act was passed in 1881. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. As it was started without planning, they employedthe women as well as their children in factories whoneeded to work for more than 12 hours a day. 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. Registration and licensing of factories under factories. As factory manager and occupier both are being charged.
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 information furnished under subsection 1 shall include accurate. Frequently asked questions on factories act 1948 foundation jps. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Buy factories act, 1948 with faqs book online at best prices in india on. Within the premises of the area designated as factory, those actually engaged in the manufacturing process, and those engaged in process ancillary to or incidental to, such as accountants, etc. According to section 2n occupier of a factory means the person, who has. Feb 04, 2015 the term factory is defined in section 2m of the factories act, 1948. The term worker in factories act, 1948 is defined to mean a person employed in a manufacturing process. The definition of factory is given in section 2 m of the factories act, 1948.
Applicable to only those factories, which employed 100 or more workers. The provisions of the factories act, 1948, or any rules made under the act, or any. Occupier under the factories act, 1948 in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall. Text is available under the creative commons attributionsharealike license. Factory plan layout approval under the factories act 1948. Part10 factories act working hours sec5158labour law cs. According to the factories act, a factory means any premises. Form 26 abstract of the factories act, 1948 and the maharashtra factories rules, 1963. Employment of young persons on dangerous machines 24.
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. An illustrative analysis of the definition of factory in the factories act, 1948. The application for registration and notice of occupation. Factories act 1948 dgfasli, mumbai, ministry of labour. Occupier under the factories act, 1948 in the case of a firm or other association of individuals, any one of the individual partners.
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. 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. The reason for this is that an occupier of a factory assumes statutory liability for noncompliance by the factory establishment under most labourrelated. The definition of factory is given in section 2m of the factories act,1948. 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. Section 2 n of the factories act, 1948 defines occupier as follows. Factories act 1948 complete act citation 51809 bare act. According to the factories act, 1948 1, the employees working in the factories would gain the benefit of the following regulations.
Application of act to government factories 117 protection to persons acting under this act 118 restrictions on disclosure of information 118a restri. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. Compulsory disclosure of information by the occupier dgfasli. See the bold portion and hence the leaves are not regulated by employer but they are given in law. An occupier is one who has ultimate control over the affairs of the factory as defined by sec.
Compulsory disclosure of information by the occupier. No worker should be given permission to work in a factory for more than 48 hours a week. Some of the employees took initiative to implementlabour lagislations, facories. 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. 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. Government are, therefore, initiating various measures from time to time to ensure that adequate standards of safety, health and welfare are achieved the all work places. Prohibition of employment of women and children near cottonopeners 28. Factory in the factories act,1948 legal service india.
Board resolution appointment of occupier under factories act. Describe objective, scope and coverage of factories act 1948. 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. Registration and licensing as under factories act 1948. 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. As amended by the factories act second schedule, amendment, 20 s. It deals with various problems concerning safety, health, efficiency and wellbeing of the. Whereon 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or b. 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. Power to declare different departments to be separate factories or two or. Use of premises as a factory no occupier shall use any premises as a factory unless. 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.
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