A guide to the factories act, 1948, the karnataka factories. In case of a company, it includes any director of a company. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. Ministry of labour and employment inviting comments or suggestion on the proposed amendments to the factory act. Occupier of a factory means the person who has ultimate control over the affairs of the factory. Provided thatin the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories.
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. An act to consolidate and amend the law regulating labour in factories. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. 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.
Business law factories act the factories act was incorporated in 1948. Buy factories act, 1948 with faqs book online at best prices in india on. Fix the periods of work for clerical staff working in the precincts of the factory as they come under the definition of worker as defined under section 21 of the factories act, 1948. Not less than 30 days before the date on which the licence expires. If the factory is covered by the provisions of section 93 of the factories act act lxiii of 1948, full name, fathers name and address of the owner of the premises or buildings in which the factory is situated. It deals with various problems concerning safety, health, efficiency and wellbeing of the. The act also makes provisions regarding employment of women and young persons including. Moa, a copy of list of directors certified by the company secretary. Any premises whereon 10 or more persons with the aid of power or 20 or more workers arewere without aid of power working on any day preceding 12 months, wherein manufacturing process is.
Section 2n of the factories act, 1948 defines the occupier in relation to factories. The factories act, 1948 with latest amendments l workplace. 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. Notice of occupation for registration and grant or renewal of licence written notice prescribed under sections 6 and 7i of the factories act, 1948. Act ii the occupier of the factory a the proprietor of the factory if it. The factories act, 1948 cont the factories act, 1948 came into force on the 1st day of. Under the factories act, the following compliances should be followedsection 6 and 7 licensing of factory the occupier of the factory is required the previous permission from the state government or the chief inspector in writing for the site on which factory is to be situated. General duties of the occupier occupier shall ensure, the health, safety. Power to declare different departments to be separate factories or two or more factories to be a single factory 8 5. It safeguards the interests of the workers and it is for the welfare of the factory workers. Competitive exams the factories act, 1948 translation in.
Dangerous operations 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. Section4 power to declare different departments to be separate factories or two or more factories to he a single factory. Section 2n of the factories act, 1948 defines occupier as follows. 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 provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. 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. During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this act. Factories act 1948 complete act citation 51809 bare. 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. The provisions of the factories act, 1948, or any rules made under the act, or any.
This book is a handy volume containing factories act, 1948 as. Describe objective, scope and coverage of factories act 1948. The term industry refers to a steady and systematic activity in which a trade is organized, whereas a factory is the place where such activities are being carried on. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. Duties of occupier under factories act, 1948 citehr.
Register of adult workers is required to be maintained as per sec 62 1a. Who is an occupier as per the factories act,1947 pdf download. Aug 28, 2012 the factories act, 1948 cont the factories act, 1948 came into force on the 1st day of. Factories act 1948 international labour organization. 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. Whether officersexecutives are to be considered for calculation of the employment strength with regard to recruitment of welfare officer under the act.
The factories act 1948 was an act of parliament passed in the united kingdom by the labour government of clement attlee. 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. 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. Download gujarat factory act 1948 forms download here in pdf format. It is very big subject better purchase the factory act book from the book stall and read it.
Government are, therefore, initiating various measures from time to time to ensure that adequate. Definitions day means a period of twentyfour hours beginning at midnight. Pl contact your area factory inspectors office,they will provide the blank challan clearly mentioning the account head duly signed by the authority. The occupier of the factory should submit the plan. It was passed with the intention of safeguarding the health of workers. The ministry has received the proposal in accordance with the recommendations made by the expert committee. The main objective of the factories act is to regulate the conditions of work in. 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 factories act, 1948 factory wing gujarat x the factories act, 1948 act no. General duties of the occupier section 7a has been inserted by the factories amendment act 1. The internal height of a workroom shall be not less than 14 feet measured from the floor level to the lowest part of the roof, and if the roof is of corrugated iron, which is neither covered with tiles nor has an inner ceiling or lining of heatresisting material with an air space of at least four inches between. Here, the ultimate control means which would be the last and the final power to take decisions.
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. According to the factories act, a factory means any premises. According to section 2n occupier of a factory means the person, who has. Date on which the occupier occupied the premises or will occupy the premises. In the regard a three member export committee was constituted to examine the proposal in consultation with the stakeholders. 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. The factory act, 1948 i the factories act, 1948 index sec. Arrange, the periods of work for child workers in accordance with the provisions of chapter vii. Factories act 1948 section 40b safety officers judgments. 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. There is no specific category of director who should be designated as occupier as defined in this section. 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. In section 2 of the factories act, 1948 hereinafter referred to as the principal act. Do a hand driven lifting equipment need certification from competent person under article 29 of factories act.
Approval of plan and permission to constructextendor take into use any building as a factory under the factories act, 1948 process flow, checklist and timelines. In this questionnaire, section of factories act of 1948 and rules of 1963 of gujarat applicable are considered. Under the act, the provisions for firstaid appliances are obligatory. The factories act regulates the conditions of work health, safety, etc in factories. Further a challan of rs 50 as a fee is also required to be deposited. O the occupier has to send to the chief inspector a written notice. Provisions relating to hazardous processes section 41a. Describe objective, scope and coverage of factories act. Section 29 of the factories act deals with lifting machines and lifting tackles which are defined under explanation. Renewal of licence under factories act, 1948 how to apply for renewal of factorys licence. Factories act 1948 indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india.
The factory act, 1948 lays down guidelines mentioning the way a factory must operate for the safety and health of its workers we at sgc management services pvt. The factories act, 1948 ranjeet kumar yadav ranjeet kumar. Introduction introduction the factories act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places applicability of the act. Approval of plan and permission to constructextend or. Frequently asked questions on factories act 1948 foundation jps. Email the form along with required documents after scanning originals. Notice prescribed under section 61 and 72, factories act, 1948.
In this case, the person who is an occupier is one of the directors 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. Dear bansari, as per factory act 1948 and up factory rule 1950 sec6i and 112 1. Some of the employees took initiative to implementlabour lagislations, facories. 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. 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. 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. Factories act 1948 dgfasli, mumbai, ministry of labour. Whereas it is expedient to consolidate and amend the law regulating labour in factories. Employment, 104 fees realized under the factories act, 1948 4. The act empowers the appropriate government to fix the number of hours of work per day, to provide for a. Explain the important aspects of factory act 1948 i.
In case change in occupier, proof of being occupier as describe below in case of company a. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. Sep 12, 2015 penal provisions the maximum punishment for any kind of violation of the provisions of the factories act, 1948 and rules framed thereunder is 2 years of imprisonment or fine up to rs. Factories act compliances under the factory act, 1948. Approval of plan and permission to constructextendor take. Draft amendment proposals the factories act, 1948 act no. Introduction in common parlance, invariably factory and industry are understood as interchangeable. 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 working without the aid of. Specific responsibility of the occupier in relation to hazardous processes.
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