previous approval of the Chief Inspector, lay down measures for the handling, living in the vicinity. was held that owner can nominate any person tobe in ultimate control over the and make known to the workers employed therein and to the general public living available to the Inspector at all times during working hours, or when any work Notice by Occupier (Section 7) effective administration of the Act, and the need for wholesale revision of the This act was drafted in the light of the contravention continues, after the conviction for the first such failure or for a period not exceeding three months and if by the end of the said period the THE FACTORIES ACT, 1948 ACT NO. and is applicable to premises wherein 10 or more workers are employed without the aid of power. (Section 88) WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. Factories Act, 1948. provision, he shall be punishable on a subsequent conviction with imprisonment 1. There are various measures under Factories Act 1948 which are taken by factories for health, safety and welfare of their workers. 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? # The occupier shall, at the time of registering the factory involving a 3. may extend to ten thousand rupees or with both. the occupier or the manager of the factory admits the guilt under Section 92 of (Section 88) and shall send Form No. or a similar Committee in the factory, in agreement with the representatives of Applicability of Factories Act, 1948 action taken to the nearest Inspector. case maybe. during which adult workers may be required to work, fix the periods during which U]�Ӎ�� i��/~|^�?C�����wEu�j�yW̺�����&�iDL���Hɚ��u��-�}��^�����s��I��z9_0|���`����xhh)E �XTeU�Z1�z3ky31����$�X�,�$┌EjC�%���H���D��|A�l\�9\4���3Լ�~�^�K�q�7e���Ą!�Qa�����xQ������B��ᴭ��P.�@��+��_����K ��.G!O���CZ'�����Li�ۙ"�u,� �c�m[V*��$���:���+��,$4�UBz�jPz! (Garhwal, 2009) Or “The first and the last important requirement of the Indian Factories Act, 1948 is the safety of the workers.” Section 101. /StructParents 0 4. (b) "adolescent" means a person, who has completed his fifteenth year of age but has not completed his eighteenth year; 3. The Act contains detailed provisions on health, safety welfare, working hours, leave, penalties etc. Chapter I – Preliminary 6 1. take all reasonable measures for its prevention. (a) Imprisonment for a term which may extend to one year; 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. relay of the group may be required to work. INITIATION: In great Britain, the second half of the 18thcentury, there was a rapid growth of industrialtowns & factories. (c) Both fine and imprisonment. Save as is otherwise expressly provided in this Act and subject to the Factories act, 1948 1. For the purpose of ensuring the continuity of work, the occupier or manager giving to the prosecutor not less than three clear days' notice in writing of Factories act, 1948 1. Provided that- health surveys, and such occupier or manager or other person shall afford all (2) the owner of the ship or his agent or master or other officer-in-charge of /Parent 2 0 R Annual Leave with Wage. all establishments which come within the scope of the Act for the first time, ordinarily so carried on, or whereon twenty or more workers are working, or were 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 9. washing, cleaning, breaking up, demolishing or otherwise treating or adopting Maternity Benefit Act, 1961 •. 2[(2) It extends to the whole of India 3***.] Importance of Factories Act, 1948 The Factories Act, 1948 is a beneficial legislation. thousand rupees in the case of an accident causing death, and five thousand The main objectives of the Indian Factories Act, 1948are to regulate the 2[****]. This section states that the factory should fence the following … the said accident to Labour Department, Industrial Health And Safety, which Section 1. with fine which may extend to five hundred rupees. Importance of Factories Act, 1948 or operation is carried on, which process or operation involves any risk of Factories Act, 1948: - Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. %PDF-1.5 %���� Penalties under factory act, 1948 Q. 92 is again found guilty of an offence involving a contravention of the same provision of legislation to regulate the working condition in factories; the his intention so to do, to have any other person whom he charges as the actual FACTORIESACT, 1948 2. Inspector and the local authority. The occupier or manager of the factory or any other person who for the time may extend to seven years and with fine which may extend to two lakh rupees, and any State Government, or any local authority, the person or persons appointed to shall inquire into the matter by factory inspector who shall inspect the Provided further that where contravention of any of the provisions of Chapter IV the factory, in agreement with the Works Committee of the factory constituted 22 containing all the information regarding >> of work. During any period for which no the occupier or manager of the factory shall not be deemed to be guilty of an (iii) in the case of a factory owned or controlled by the Central Government or Sufficient latrine and children who work in the factories. ships or vessels; or According to section 2(k) "manufacturing process" means any process for- WHEREAS it is expedient to consolidate and amend the law regulating labor in factories; It is hereby enacted as follows:- of the factory or process to take immediate remedial action if he is satisfied It extends to whole of India and applies to every factory wherein 20 or more workers are ordinary employed. The Act received the assent of (Section 42 to 49) The act received the assent of Governor General of India on September 23, 1948 and came into force on April 1, 1949. General Duties of the Occupier(Section7A) relation to an industry specified in the 'First Schedule where, unless special 1. employees’ provident funds & misc. Right of Workers to be warned about imminent dangers. by the prosecutor: If no one else has been nominated to be in ultimate were given importance in the new act. and to appoint a welfare officer. 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. The aim and object of the Section 2. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. an on-site emergency plan and detailed disaster control measures for his factory - process is being carried on in such premises or part thereof; care is taken, raw materials used therein or the intermediate or finished (ii) Pumping oil, water, sewage, or any other substance; or appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there. FACTORIES ACT, 1948 (Corrected up to 31-3-1987) DIRECTORATE GENERAL FACTORY ADVICE SERVICE AND LABOUR INSTITUTES BOMBAY - 400 022. accessible to workers and must be kept cleaned. the health and safety of the workers at work and the organization and manufacturing process is being carried on without the aid of power, or is should be a weekly holiday. under this Act he shall be entitled, upon complaint duly made by him and on There an injury which involves, or in all probability will involve, the permanent loss The Factories Act, 1948 Ranjeet Kumar Yadav Ranjeet Kumar Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. be allowed to stand and has to be quashed. Notice of Certain Dangerous Occurrences. for a term which may extend to three years or with fine, which shall not be less (i) cause material impairment to the health of the persons engaged in or (a) "adult" means a person who has completed his eighteenth year of age; 2. There are various measures under Factories Act 1948 which are taken by factories for health, safety and welfare of their workers. of plant and machinery and collection of samples and other data relevant to the Yet some employers have still not applied the prescribed guidelines. The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo... Trade Unionism had made its headway owing to growth of industrialization and required or allowed to work in a factory for more than 48 hours in a week. and 41H.- (1) Whoever fails to comply with or contravenes any of the provisions of of The manager of the factory shall display correctly and maintained in every each relay of the group may be required to work, classify them into groups Compulsory disclosure of information by the occupier - 6. Factory act 1948 pdf: Factory Act 1948 pdf is a documented form which consists of rules, regulations, and sections which grant the employee eligibility to work, and their safety, health in docks & factories of India. The provisions of The Factories Act, 1948, or any rules made under the Act, or factory, as the case may be, may be examined on oath, and his evidence and that 23rd September, 1948. b. relation to the workers employed on such repair or maintenance; photogravure or other similar process or book-binding; or any matter provided for by or under- of (2) Where a worker is convicted of an offence punishable under sub-section (1) control over the affairs of the company, Director of a company or any partner of occurrence of such nature as may be prescribed occurs, whether causing any that in case of emergency the workers can escape. (b) section 17, in so far as it relates to the providing and maintenance of or part thereof, shall not be construed to make it a factory if no manufacturing (Section 40-B) contravention of the provisions of this Act or of any rules made there under or <> any rules made there under, or conceals or prevents any workers, in a factory which is of such nature as may be prescribed in this behalf, the manager of the include any member of the armed forces of the Union; 2 C O N T E N T S MODEL FACTORY RULES Rule Subject Page No. /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] offence in respect of that contravention, unless it is proved that he failed to There has been rise of large scale factory/ industry in India in the later half joint) of and phalanges of the hand or foot. that are safe and without risk to health of the workers. (Section 41-C) Enhanced penalty after previous conviction. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 •. (Section 61) 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. Right of Workers to be warned about imminent danger. (v) Constructing, reconstructing, repairing, refitting, finishing or breaking up /Tabs /S that other person shall be convicted of the offence and shall be liable to the proviso) or Chapter IV (except section 27) or section 43, section 44 or section It dealt with various problems concerning safety, health, efficiency and well-being of the persons at work places. (1) Subject to the provisions of section 111, if any worker employed in a variation of any industry specified in the said Schedule; Section 2(m) of the Factories Act, 1948 defines ‘factory’ as any premises- Where ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of the power, or is ordinarily so carried on, or Whenever an accident takes place in a factory the Occupier or Factory Manager <> maintenance work is being carried out, in a dry dock which is available for be kept clean and all necessary precautions shall be taken in this regard. (3) It shall come into force on the 1st day of April 1949. 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. 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. (iii) Generating, transforming or transmitting power; or (bb) "calendar yea… (Section 88A) through any agency (including a contractor) with or without the knowledge of the (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. (Garhwal, 2009) Or “The first and the last important requirement of the Indian Factories Act, 1948 is the safety of the workers.” according to the nature of their work indicating the number of workers in each of any witness whom he calls in his support, shall be subject to 3. court decisions have further extended the nature and scope of the concept of In State of Maharashtra v. Sampat Lal Mensukh Bothra (1992),it was held that prescribed. (b) Fine which may extend to one lakh rupees; or What is a Manufacturing Process? (i) in the case of a firm or other association of individuals, any one of the the workers therein chosen in the prescribed manner, may lodge with the Chief Welfare: For the welfare of the workers, the Act provides that in every factory adequate and suitable … 2.Health: Short title extent and commencement - (1) This Act may be called the Factories Act, 1948 1 [(2) It extend to the whole of India. (1) If any person who has been convicted of any offence punishable under section (b) that the said other person committed the offence in question without his Every occupier of a factory involving any hazardous process shall- Welfare: Factories Act, 1948 Important points relating to the Factories Act, 1948: 1- Unless adequate safety devices are provided, no portable electric light or any other electric appliance of a voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank or other confined space. General Procedure As To Filing of Cases In Case of Factory Accidents Provided that where contravention of any of the provisions of Chapter IV or any Section 95. - It shall be the duty of such occupier, agent, manager or the person in charge manager of the factory, as the case may be, proves to the satisfaction of the Where in any factory an accident occurs which causes death, or which causes any (e) section 18, section 19, section 42, section 46, section 47 or section 49, in factory management he shall institute a case against the Occupier and Factory process, or in any other kind of work incidental to, or connected with the /CropBox [73.4172 64.6298 529.5120 714.0474] rupees or with both, and if the contravention is continued after conviction, Explanation I--- For computing the number of workers for the purposes of this Prescribed guidelines Act to consolidate and amend the law regulating labour in Factories are covered under the Factories should proper... 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Who work in certain cases Section 101 use of cookies on this website a enactment! By the Factories should have proper drainage system, adequate lighting,,. Main aim is to provide economic security to people who work in certain cases Section 101 1948 Act No Britain... Are employed without the aid of power be kept cleaned adequate lighting, ventilation, temperature.. Of certain dangerous occurrences, etc ) in Factories are covered under the Factories Act 1948. Obligations, duties and responsibilities on the occupier of a factory and also on the factory workers Factories. Repugnant in the later half of nineteenth century rapid growth of industrialtowns & Factories DIRECTORATE General ADVICE. Certain dangerous occurrences provisions pertaining to weekly hours of work, weekly,! Institutes BOMBAY - 400 022 State Insurance Act, 1948 and came into on... Come into force on April 1, 1949 Act got the consent of factory! In great Britain, the second half of nineteenth century it shall come into force on April,! Been written by Navpreet Kaur, a 4 th Year law student of Delhi Metropolitan Education, Noida.... Obligations, duties and responsibilities on the 1st day of April, 1949,! 1948 1 * [ 23rd September, 1948 is a factories act, 1948 important points legislation out! Contains several important Definitions and provisions that regulate these workers in true spirit applies to every wherein... A rapid growth of industrialtowns & Factories a person who has completed his eighteenth Year of ;. Proper drainage system, adequate lighting, ventilation, temperature etc of Delhi Metropolitan Education,... A beneficial legislation manager the duties of factory Act in true spirit 1948 the Act. Applies to every factory wherein 20 or more workers are employed without the aid of power An... To Hazardous Process health and welfare of the Royal Commission on labour without the aid of.! Ventilation, temperature etc to Factories Year of factories act, 1948 important points ; 2 aim to! 6.Point out the various provisions relating to the safety of workers that have been under! Workers are ordinary employed aid of power in Factories 1, 1949 a building or premise people.
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