The provisions of the factories act, 1948, or any rules made under the act, or any order given in writing under the act is violated, it is treated as an offence. The landmark case in this regard is jk industries ltd and others v. The factory act, 1948 was enacted for betterment of condition of workmen in factories. While examining the concept of an occupier, it is important to take note of section 92 of the act, which provides for strict liability on the occupier for noncompliance under the act. The factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Safety officers 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. Every occupier should ensure, so far is reasonably practicable. In this regard, the following resolution was passed unanimously. Duties of occupier under factories act, 1948 citehr. The period of work of a workman should be so arranged that inclusive of his interval for rest under section 55 should not spread over more than ten and a half hours in any day.
General duties of the occupier under factories act, 1948. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. First indian factories act, came into force during 1881 comprehensive act was enacted immediately after the independence under the nomenclature the 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. C occupier of the factory needs to give a notice to chief inspector. Job chart and responsibilities inspectorate of 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. Hours of work to correspond with notice under section 61 and register under section 62. But section 2g actually defines about power which is given wrong. 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. The factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories.
Section 2n of the factories act, 1948 defines the occupier in relation to factories. What are the duties of an occupier while running a factory. Board resolution appointment of occupier under factories act. Safety is the basic and primary requirement and these provisions are incorporated in the act to ensure safety of workers against accidents and hazardous jobs. The name of the occupier of the factory is required to be informed to the chief inspector of factories. Conditions in these factories were very gloomy and awful. May 10, 2019 the factories act, 1948 sections on may 10, 2019. 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. Duties of occupier directorate of industrial safety and health. Chapter v contains provisions for welfare of the workers in the factory and they are incorporated under sections 42 to 50 of the factories act, 1948 section 42. The term occupier is defined under section 2h of the factories act 1948. How many days in advance does the occupier of a factory premises gives notice of occupancy to the chief inspector.
Hours of work to correspond with notice under section 61 and register under. The work of the factory inspector is to ensure that the factories act, 1948 is fully adhered to by owners of factories. The factories act, 1948 is a beneficial legislation. In case of a company, it includes any director of a company. Who is an occupier as per the factories act,1947 pdf download archive. Summary of the factories act 1948 commentory simple. Occupier must ensure the health, safety and welfare of all workers while they are at work in the factory. Master form in respect of the factories act, 1948 payment of wages act, 1936, minimum wages act, 1948 maternity benefit act, 1961, workmens compensation act, 1923 and industrial employment standing orders act, 1946 as applicable to registered factories covered under the factories act, 1948. Draft amendment proposals the factories act, 1948 act no. In section 2 of the factories act, 1948 hereinafter referred to as the. If you continue browsing the site, you agree to the use of cookies on this website. An act to consolidate and amend the law regulating labour in factories. Factories act, 1948 bare acts law library advocatekhoj. There is no specific category of director who should be designated as occupier as defined in this section.
Short title, extent and commencement 1 this act may be called the factories act, 1948. According to factories act 1948, the occupier is a person who has ultimate control over the affairs of the factory. Factories act chapter 104, section 102 1 factories noise regulations 3 part ii noise control duties of occupier and employer 4. He is also an inspector under section 8 i of the factories act, 1948. Section 74 whenever a new manager is appointed, the occupier shall send to the inspector a written notice and to the chief inspector a copy thereof within seven days from the date on which such person takes over charge. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for male and female workers. Factory inspector under the factories act, 1948 powers. Aug 28, 2012 the factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. Factories under the provisions of this part of this act, he may within thirty days from the date of such decision, send to the chairman of the board and to the director of factories written notice of his intention to appeal to the board against the decision, and such notice shall state the grounds of appeal. The provisions of the factories act, 1948, or any rules made under the act, or any. The factories act, 1948 page 6 of page 80 f week means a period a seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the chief inspector of factories. C occupier as per section 2n means a person who has the ultimate control over the affairs of the factory. Section 7a is inserted by the factories amendment act, 1987, as under. The factories act, 1948 with latest amendments l workplace.
Board resolution for appointment of manager under factories act note. Factory in the factories act,1948 legal service india. It is mandatory to apply for registration with factory plan for approval to the inspector of factory. Power to declare different depertments to be separate 5.
Government or the state government, as the case may be, under this act. General penalty for offenses this section states that in case there is any kind of contravention with the laws of the act, then the occupier and the manager of the factory will be equally responsible for the breaking of the law. Is an it company is covered under the factories act. Form 23 prescribed under schedule ii, iii, iv, viii, xi, xvii, xviii, xx special certificate of fitness form 24 report of accident by the manager form 24a notice of dangerous occurrence form 25 notice of poisoning of disease form 26 abstract of the factories act, 1948 and the maharashtra factories rules, 1963 form 27 annual return. 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. Board resolution under factories act corporate law forum. Ilo convention and recommendations 120 provisions spreadover under 11 chapters constitutional provisions, 3 schedules fundamental directive rights principles 9. The occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working in a factory. These provisions are made to provide the safe working environment in the factories to the workers. To ensure the health, safety and welfare of all workers while they are at work in the factory. The occupier will be held responsible if the provisions of the factories act, 1948. Annual return master form in respect of the factories act. In this act, unless there is anything repugnant in the subject or context,a adult means a person who has completed his eighteenth year of age.
Penalties under the factories act, 1948 section 92. Duties of occupier directorate of industrial safety and. Accordingly, any of the directors of the company can be appointed as an occupier under the factories act, 1948. The main object of the factories act, 1948 is to ensure adequate safety measures. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for. To grant exemption under section 65 2 of the factories act, 1948. Dec 23, 2012 duties of occupier under factories act, 1948. An explanation to the factories act, 1948, india ssrana. Duties of occupier duties of occupier under factories act, 1948 general.
It can therefore, be construed that any kind of director can be appointed as occupier. Ajith kumar, chief operating officer, as the occupier of the factory as per the factories act, 1948. As per the provisions of section 2n of the factories act, 1948, in case of a company, person who should be designated as occupier must be a director only and not any one who is below the rank of director. The inspector appointed under this act has to ensure that every factory has a repaired building which is not detrimental to health or safety to the workers. Occupier of the factory means a person who has ultimate control over the affairs of the factory and where the said affairs are entrusted to a managing agent, such agent shall deemed to be the occupier of the factory. Manufacturing process means process for i making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, sale transport. Approval, licensing and registration of factories a. Section 21 to 41 of chapter iii of the factories act, 1948 contained the safety provisions of factories act act 1948 of the workers. Duties of surgeons athe examination and certification of young persons under this act. This act has seen many amendments after the independence. Whereas it is expedient to consolidate and amend the law regulating labour in factories. Power to declare different departments to be separate factories or two or more factories to be a single factory 12 5. Factories or two or more factories to be a single factory.
Part i preliminary 1 short title this act may be cited as the factories and works act chapter 14. Do refer the exact provisions of the factories act and companies act, relevant rules framed thereunder and any other applicable laws to be able to not to miss out anything important while drafting. The aim and object of the act is essentially to safeguard the interests of workers, stop their exploitation and take care of. Factories act, 1948 provisions envisaged are based on. The factories act, 1948 page 1 of page 80 the factories act, 1948. The resolution samples here is only for reference, to help you with drafting. The factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. Yet some employers have still not applied the prescribed guidelines. Mar 11, 2011 the factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. West bengal factories act, 1948 it applies where minimum workmen engaged 10 heads or more and running electric power of 20 heads without power.
They are appointed for local limits as the government finds best. Factories act, 1948 mcqs with answers part i choose the correct option for the questions below. In the factories act,1948, according to section 2k defines manufacturing process as. It casts various obligations, duties and responsibilities on the occupier of a. General duties of the occupier factories act, 1948 bare acts law. They should not have any direct or indirect interest in what goes on in factories. Factories act, 1948 arrangement of sections section page chapter i preliminary 1. Factories act, 1948 mcqs with answers part i puffy 0119 question no 7 answer was given as 2 g. He may serve a written notice to the occupier of the factory to get the building of factory repaired before a specified date, if he finds any discrepancy. General duties of the occupier 1 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. 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. Y 30 days before date of resumption of seasonal factories y 15 days before date of use of premises by occupier.