Book of factories act 1948 occupier as per

The owners, occupiers or managers of factories shall submit the prescribed periodical returns to the inspector regularly. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. The bill amends provisions related to overtime hours of work. There is no specific category of director who should be designated as occupier as defined in this section. 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. In any part of which a manufacturing process is being carried on. C needs to be given atleast half an hour break after continuous 5 hours of work.

This act has seen many amendments after the independence. 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. Yet some employers have still not applied the prescribed guidelines. Where ten or more than ten workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing power is being carried on with the aid of power, or is ordinarily so carried on, or. It can therefore, be construed that any kind of director can be appointed as occupier. 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.

Factories act, 1948 bare acts law library advocatekhoj. 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. As per the 1948 factories act, a factory is defined as any premises having more than ten workers working on any day of 12. Leave with wages a person is entitled to 1 day leave per 20 days of work, provided he worked for 240 days in a year. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. What are the factories act 1948 pdf with latest amendments. The occupier will be held responsible if the provisions of the factories act, 1948 are not complied with. Factori actories es act act, 1948 back ground of the act. As per this section, the occupier of the factory premises needs to serve a written notice to the related authorities 15 days prior to occupying the premises. C where a worker has worked for 240 days, adult worker shall be entitled. Conditions in these factories were very gloomy and awful. As well the director of industrial health and safety factory inspector can take action under section 92 and 93 of factories act 1948. What is the factory act 1948 and how was it established.

Section 2n of the factories act, 1948 defines the occupier in relation to factories. 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. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. First indian factories act, came into force during 1881 comprehensive act was enacted immediately after the independence under the nomenclature the factories act, 1948. Whereas it is expedient to consolidate and amend the law regulating labour in factories. An act to consolidate and amend the law regulating labour in factories. The act regulates the safety, health and welfare of factory workers.

The factory act, 1948 was enacted for betterment of condition of workmen in factories. In the factories act,1948, according to section 2k defines manufacturing process as. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. 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.

Any premises including the precincts a place enclosed with walls or fences thereof. The name of the occupier of the factory is required to be informed to the chief inspector of factories. For contraventions of provisions of the act, imprisonment upto 7 years or fine upto rs. Under the factories act, factory means any premises. In case of a company, it includes any director of a company. All form under factories act1948 zip download citehr. Factories or two or more factories to be a single factory. Registration and licensing as under factories act 1948. Section 7 of factories act 1948 explains the provisions relating to this. C no adult worker shall work for consecutively 10 days. Model rules under the factories act, 1948 corrected up to 31987 directorate general. Short title, extent and commencement 1 this act may be called the factories act 1948 2 it extends to the whole of india. The annual return under the factories act shall be submitted to inspector of factories on or before a 31st january b 31st december c 30th april d 31st march answ er a 2. According to the provision of working hours of adults, no.

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. An occupier needs to comply with such provisions of the act which applies to the factory he is working, hence, salt works should come within the meaning of the word premises used. Up to 30 days leave can be accumulated under the factories act, 1948. Registration and licensing of factories under factories. Factory in the factories act,1948 legal service india. However he should be convicted under either of the law as per doctrine of double jeopardy. 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. For continuous contraventions of the act, imprisonment upto 10 year andor fine upto rs. Power to declare different departments to be separate factories or two or more factories to be a single factory. Who is an occupier as per the factories act,1947 pdf. Lxiii of 1948 23rd september, 1948 an act to consolidate and amend the law regulating labour in factories. The factories amendment bill, 2016 was introduced in lok sabha on august 10, 2016 by the minister for labour and employment, mr.

In this act, unless there is anything repugnant in the subject or context. An explanation to the factories act, 1948, india ssrana. Very important features of the factories act, 1948. The main objectives of the indian factories act, 1948 are 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. 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. For that purpose, it seeks to impose upon the owner or the occupier certain.

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. 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. 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. Section 2 n of the factories act, 1948 defines the occupier in relation to factories. Objective of the act the act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. To ensure the health, safety and welfare of all workers while they are at work in the factory. Duties of occupier directorate of industrial safety and. C child who has not completed 14 years of age shall not be employed in factory.

Basic facilities and safety measures the employer shall ensure in such a way that sufficient safety measure is provided to the workers while working with machines. The occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working in a factory. Power to declare different depertments to be separate 5. Factories act 1948 pdf with latest amendments is the hard copy of a documented form which states the latest amendments passed in the bill that to be added to this act in order to benefit factory workers and employees. Penalty for permitting double employment of child 100 repealed 101 exemption of occupier or manager from liability.