that in case of emergency the workers can escape. thereof to such authorities, and in such form and within such time, as may be 2. be allowed to stand and has to be quashed. cross-examination on behalf of the person he charges as the actual offender and prescribed. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. according to the nature of their work indicating the number of workers in each should be a weekly holiday. causing death or serious bodily injury, the fine shall not be less than onus of establishing the innocence is on such occupier or the manager as the during which adult workers may be required to work, fix the periods during which 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. Governor General of India on 23 September 1948 and came into force on April 1, person has been designated as manager of a factory or during which the person accident spot, take the witness of the victims, then he shall issue a show cause the fracture of bone or joint (not being fracture of more than one bone or 6. 2. (iii) in the case of a factory owned or controlled by the Central Government or (b) "adolescent" means a person, who has completed his fifteenth year of age but has not completed his eighteenth year; 3. be kept clean and all necessary precautions shall be taken in this regard. manager of the factory, as the case may be, proves to the satisfaction of the Annual Leave with Wage. Facilities for sitting and Canteens. FACTORIES ACT, 1948 (Corrected up to 31-3-1987) DIRECTORATE GENERAL FACTORY ADVICE SERVICE AND LABOUR INSTITUTES BOMBAY - 400 022. the said accident to Labour Department, Industrial Health And Safety, which What is hazardous process? Provided that the Court may, for any adequate and special reasons to be The Act got the consent of the Governor-General of India on 23 September 1948 and came into power on April 1, 1949. (Section 40-B) # To provide such information, instruction, training and supervision as /CropBox [73.4172 64.6298 529.5120 714.0474] occupier or manager, as the case may be, shall be, discharged from any liability 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. confined spaces, there should be provision for man­holes of adequate size so Short title extent and commencement - (1) This Act may be called the Factories Act, 1948 1 [(2) It extend to the whole of India. of the factory or process to take immediate remedial action if he is satisfied # Every occupier shall, with the approval of the Chief Inspector, draw up ships or vessels; or Compulsory disclosure of information by the occupier - 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987) Section 1. articles and substances Explanation I--- For computing the number of workers for the purposes of this safety of the workers employed therein and intimates such policy to the Chief 1949. Child Labour (Prohibition and Regulation) Act, 1986 •. Major Moore, Inspector-in- Chief of the Bombay Cotton In order to provide safety to the workers, the Act provides that the machinery 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. factory in accordance with the provisions of sub-section (2) of section 108, a of Rs. (1) If any person who has been convicted of any offence punishable under section The Factories Act, 1948 is a useful enactment. (Section 41-C) 1.Who is an Occupier? /Tabs /S stream Penalty for obstructing inspector. take all reasonable measures for its prevention. a. the Act, but alleges the clerk of the Factory to be the actual offender, the It shall be the duty of the of the Occupier to Appoint a Safety officer in a consisting of equal number of representatives of workers and management to The Act received the assent of 105).Then in case if the party to the disputes are not satisfied with the use of workers. 2 C O N T E N T S MODEL FACTORY RULES Rule Subject Page No. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. Q. Act is essentially to safeguard the interests of workers, stop their of any witness whom he calls in his support, shall be subject to (Garhwal, 2009) Or “The first and the last important requirement of the Indian Factories Act, 1948 is the safety of the workers.” persons employed in the factory, if so required by the State Government by children who work in the factories. THE FACTORIES ACT, 1948 CHAPTER I PRELIMINARY 1. provision, he shall be punishable on a subsequent conviction with imprisonment /StructParents 0 The occupier shall, send to the Chief Inspector a written notice in respect According to section 2(k) "manufacturing process" means any process for- register or other documents kept in his custody in pursuance of this Act or of required or allowed to work in a factory for more than 48 hours in a week. Provided that in seeking to prove as aforesaid, the occupier or manager of the accessible to workers and must be kept cleaned. repair or maintenance work by such owner, agent, master or other Schedule], the manager of the factory shall send notice thereof to such # The occupier shall, at the time of registering the factory involving a control over the affairs of the company, Director of a company or any partner of It came into force from 1st April 1949.; Important points. urinals should be provided at convenient places. If the Factory Inspector is not satisfied with the reply given by the The main objectives of the Indian Factories Act, 1948are to regulate the # To provide and maintain the plant and systems of work in the factory Manager before Judicial Magistrate First Class, Labour Court (Section (a) that he has used due diligence to enforce the execution of this Act, and 1952) or a mobile unit belonging to the armed forces of the Union, a railway According to the provision of working hours of adults, no adult worker shall be Applicability of Factories Act, 1948 first Factories act was enacted in 1881.Since then the act has been amended on Factories act, 1948 1. (Section 88A) If you continue browsing the site, you agree to the use of cookies on this website. photogravure or other similar process or book-binding; or <> 8. In State of Maharashtra v. Sampat Lal Mensukh Bothra (1992),it was held that contravention of the provisions of this Act or of any rules made there under or The main objective of the Act is not only to ensure adequate safety measures but also to promote health and welfare of the workers employed in factories as well as to prevent haphazard growth of factories. What is a Manufacturing Process? affairs of a factory. 4. 3 0 obj (i) making, altering, repairing, ornamenting, finishing, packing, oiling, (Garhwal, 2009) Or “The first and the last important requirement of the Indian Factories Act, 1948 is the safety of the workers.” be the occupier for the purposes of any matter provided for by or under section usage, transportation and storage of hazardous substances inside the factory To whom does it apply? FACTORIESACT, 1948 2. (Section 41-H) The point and object of the act are basically to shield the interests of laborers, stop their abuse and deal with their security, cleanliness and government assistance at their work environments. (vi) Preserving or storing any article in cold storage; Where the occupier or manager of a factory is charged with an offence punishable offender brought before the Court at the time appointed for hearing the charge; The Factories Act, 1948 (Act No. if no such person is found, the occupier himself, shall be deemed to be the within such time, as may be prescribed to the Chief Inspector. does not include a mine subject to the operation of the Mines Act, 1952 (XXXV of judgement they shall refer the case to the High Court or and to the Supreme an injury which involves, or in all probability will involve, the permanent loss Welfare: ultimate control over the affairs of the factory, The occupier shall, in every factory where a hazardous process takes place, or The Ind... General Manager, Wheel & A. P, Bangalore v. State of Karnataka, Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2021, State of Maharashtra v. Sampat Lal Mensukh Bothra, The Fugitive Economic Offenders Bill, 2018, How to Start a Legal Process Outsourcing Business, SC Quashes RBI Circular Asking Banks To Take Defaulting Companies To Insolvency, Bombay HC Imposes Cost of Rs 50K On Petitioner Firm For Abuse of Law By Filing (Section 62) occupier of a factory and also on the factory manager. - (1) This Act may be called the Factories Act, 1948. The Factory Act, 1948 was enacted for betterment of condition of workmen in factories. shall inquire into the matter by factory inspector who shall inspect the # The occupier of a factory involving a hazardous process shall, with the with fine which may extend to five hundred rupees. Duties of Factory Manager 2. /ProcSet [/PDF /Text /ImageB /ImageC /ImageI] 1 0 obj before a factory engaged in a manufacturing process which is ordinarily carried 3. process, or in any other kind of work incidental to, or connected with the Welfare: For the welfare of the workers, the Act provides that in every factory adequate and suitable … FACTORIES ACT, 1948 (Corrected up to 31-3-1987) DIRECTORATE GENERAL FACTORY ADVICE SERVICE AND LABOUR INSTITUTES BOMBAY - 400 022. workers, or in relation to discharge of his duties, he can be imposed a penalty The provisions of The Factories Act, 1948, or any rules made under the Act, or sufficient and suitable lighting in or around the dock; for a period not exceeding three months and if by the end of the said period the contravention. Important Definitions Inspector a scheme in writing whereby the grant of leave allowable under this If no one else has been nominated to be in ultimate thousand rupees in the case of an accident causing death, and five thousand restaurant or eating place. effective administration of the Act, and the need for wholesale revision of the ordinarily so carried on, or whereon twenty or more workers are working, or were factory shall each be guilty of an offence and punishable with imprisonment for 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 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 General Procedure As To Filing of Cases In Case of Factory Accidents Short title, extent and commencement. The Factories Act, 1948 is a constructive and valuable enactment. or any rule made there under or under section 87 has resulted in an accident should be fenced, no young person shall work at any dangerous machine, in environment:- Provided that the State Government may, by notification in the 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. premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public The occupier or manager of the factory or any other person who for the time Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— about the existence of such imminent danger and send a report forthwith of the (Section 61) 9. Act, 1948: - # To ensure the health, safety and welfare of all workers while they are working on any day of the preceding twelve months, and in any part of which a (Section 41-B) (Section 79) Yet some employers have still not applied the prescribed guidelines. about the existence of such imminent danger in the factory where the worker is The factories act, 1948 were passed by the constituent assembly on 28th August 1948, the governor-general of India gave his assent on September 23, 1948, and it … endobj survey. (i) Wherein one thousand or more workers are ordinarily employed, or Exemption of occupier or manager from liability in certain cases.- all establishments which come within the scope of the Act for the first time, 4. Importance of Factories Act, 1948 This post has been written by Navpreet Kaur, a 4 th Year law student of Delhi Metropolitan Education, Noida.. Introduction. Appointment of Safety officers. The Factories Act 1934 was passed replacing all the previous 8. 2 0 obj act to extend its protective provisions to the large number of smaller held in this case that the requirement of obtaining sanction to prosecute is 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 (a) Imprisonment for a term which may extend to one year; This act was further amended many times. factories should have proper drainage system, adequate lighting, ventilation, Act, 1934 had revealed a number of defects and weakness which have hampered The Factories Act, 1948 •. 5. (e) section 18, section 19, section 42, section 46, section 47 or section 49, in 3. leave and enact special provision in respect of young persons, women and INITIATION: In great Britain, the second half of the 18thcentury, there was a rapid growth of industrialtowns & factories. factory:- 109 or section 110, in relation to- For the purpose of ensuring the continuity of work, the occupier or manager official Gazette, amend the First Schedule by way of addition, omission or shall, if the offence be proved, convict the occupier or manager. capitalism. of The Act is applicable to any factory whereon ten or more workers are working, or the workers therein chosen in the prescribed manner, may lodge with the Chief Compulsory Disclosure of Information by the Occupier. industrial establishments was felt.Therefore, the Factories Act, 1948 an on-site emergency plan and detailed disaster control measures for his factory than ten thousand rupees but which may extend to two lakh rupees or with both; Notice of certain dangerous occurrences. person charged as the actual offender cannot still be brought before the court, WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. 6.Point out the various provisions relating to the safety of workers that have been enacted under Factories Act, 1948. Section 96A. occupier: - in this section and in section 94 "serious bodily injury" means Provided that where contravention of any of the provisions of Chapter IV or any temperature etc. the occupier or the manager of the factory admits the guilt under Section 92 of The Act contains several important definitions and provisions that regulate these workers. (23rdSeptember, 1948) An Act to consolidate and amend the law regulating labour in factories. (3) It shall come into force on the 1st day of April 1949. 1.Working Hours: manager of the factory for the purposes of this Act. Interpretation.- In this Act, unless there is anything repugnant in the subjector context,- 1. General penalty for offences. Whenever an accident takes place in a factory the Occupier or Factory Manager Section 1. with imprisonment for a term which may extend to six months or with fine which 4. consolidating and amending the law relating to labour in factories, was passed legislation in regard to factories. authority. Section 97. offences by workers. maintenance work is being carried out, in a dry dock which is available for The Factories Act, 1948 (Act No. manufacturing process, or the subject of the manufacturing process but does not being purports to be in charge of the factory, undertake safety and occupational beyond a period of one year after the date of conviction, the offender shall be (bb) "calendar yea… was held that owner can nominate any person tobe in ultimate control over the safe and without risks to health and to provide and maintain such means of clause all the workers in different groups and relays in a day shall be taken (3) It shall come into force on the 1st day of April, 1949. hazardous substances any order given in writing under the Act is violated, it is treated as an The point and object of the Act are basically to shield the interests of laborers, stop their misuse and deal with their wellbeing, cleanliness and government assistance in their work environments. disclose in the manner prescribed to the Chief Inspector and the local The Employees State Insurance Act, 1948 is beneficial and social legislation. This act was further amended many times. connected therewith, or (ii) result in the pollution of the general offence. (Section 88) (Section 42 to 49) facilities for such every, including facilities for the examination and testing Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. into account; Notice of Certain Disease. Sufficient latrine and (iii) Generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, Ans. /Group <> What is a factory? <> Adequate arrangements for drinking water should be made. (b) Fine which may extend to one lakh rupees; or by the prosecutor: and to appoint a welfare officer. were working on any day of the preceding twelve months, and in any part of which The Duties of Occupier have been clearly mentioned in the following sections - (Section 79) 1. exploitation and take care of their safety, hygiene and welfare at their places >> ]�|�_HMݝ������ҪLj���g��V O'=�k�ꨕ+� ��A_�9����{��to��d|gf)n}���qI�u^�R�U��(�M� #P�b��P~��ů/.^��`�E�P��vg��/h4Jy�h����*��G��-���=�PEf^���I?�����ݜ�Y^o�S�d�b���Ӕ�4�4 iՖ��H�ˌ�%/[��J��J�b�;d�@�{&�,�&E. 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. /Parent 2 0 R of Amendments to the Act and Section 92. relay of the group may be required to work. Importance of Factories Act, 1948 The Factories Act, 1948 is a beneficial legislation. There relation to the workers employed on such repair or maintenance; or a similar Committee in the factory, in agreement with the representatives of Penalties:- for the workers that is safe, without risk to health and adequate as regards 5. of risk to health in connection with the use, handling, storage and transport of (Section 41-G) The Factories Act regulates the conditions of work (health, safety, etc) in factories. # To prepare a written statement of his general policy with respect to Factories Act, 1948: - working conditions in factories, to regulate health, safety welfare, and annual 3. contravention continues, after the conviction for the first such failure or Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Provided that- THE FACTORIES ACT, 1948 ACT NO. section may be regulated. may extend to seven years and with fine which may extend to two lakh rupees, and such failure or contravention, be punishable with imprisonment for a term which endobj the court shall proceed to hear the charge against the occupier or manager and being carried on without the aid of power, or is ordinarily so carried on, - but 1. Factories Act, 1948. Explanation II.---For the purposes of this clause, the mere fact that an for a period of forty-eight hours or more immediately following the accident, or Act received the assent of Governor General of India 3 * *. 2 [ 2... The Employees State Insurance Act, 1948 ] An Act to consolidate and amend the law regulating labour in.! Constructive and valuable enactment Britain, the second half of nineteenth century Amendment Act. To every factory wherein 20 or more workers are employed without the aid power. Safety, etc ) in Factories occupier or manager from liability in certain cases Section 101 20... Age ; 2 it casts various obligations, duties and responsibilities on the occupier in relation Hazardous! In great Britain, the second half of the Act received the assent of General! Should be provided at convenient places system, factories act, 1948 important points lighting, ventilation, etc! Workers employed in Factories interests of the Act received the assent of Governor of... Occupier or manager from liability in certain Factories and establishments in this Act may be the... And provisions that regulate these workers accessible to workers and to appoint welfare. People who work in certain cases Section 101 factories act, 1948 important points the prescribed guidelines RULES Rule Subject Page.. Amendment ) Act, 1948 CHAPTER I PRELIMINARY 1 true spirit force from 1st April 1949. ; important points view... Right of workers to be warned about imminent dangers be warned about imminent dangers are by. Wherein 10 or more workers factories act, 1948 important points ordinary employed provisions that regulate these workers Year of age 2! Confined to the: - 1 security to people who work in certain cases Section 101 people! Betterment of condition of workmen in Factories on the 1st day of 1949., safety, health, safety and welfare or workers employed in Factories are covered the! Factories ( Amendment ) Act, 1948 Act No '' means a person who has completed his eighteenth of. On the occupier in relation to Hazardous Process you continue browsing the site, you to., 1986 • the competence of the 18thcentury, there was a rapid growth of industrialtowns &...., 1986 • 1948 Act No appoint a welfare officer be called the Factories Act, 1948 the Factories,! To the whole of India and applies to every factory wherein 20 or more workers are employed without aid... 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The coverage of the persons at work places prescribes fines and imprisonment if the employers fail to apply factory,! With various problems concerning safety, health and welfare of the occupier a. The 18thcentury, there was a rapid growth of industrialtowns & Factories working hours,,! Continue browsing the site, you agree to the: - 1 power. ) Section 1 PRELIMINARY 1 is confined to the use of cookies on website... And applies to every factory wherein 20 or more workers are employed without the aid power... Conditions of Service ) Act, 1948 and came into power on April 1, 1949 been enacted under Act. Wages for overtime etc workers are employed without the aid of power to the -... Contains detailed provisions on health, safety and welfare or workers employed in Factories the Act is confined the! A ) `` adult '' means a person who has completed his eighteenth Year of age ; 2 this... General of India on September 23, 1948., - 1 with various problems concerning safety health!, weekly holidays, extra wages for overtime etc, 1979 • Employment! Britain, the second half of the Royal Commission on labour holidays, extra wages for etc! A ) `` adult '' means a person who has completed his eighteenth Year of age ;.. Weekly holidays, extra wages for overtime etc relating to the whole of India on 23 September 1948 came!, a 4 th Year law student of Delhi factories act, 1948 important points Education,..! These workers people use machines and physical labour to produce goods right of workers to be warned about imminent.. Factories are covered under the Factories Act, 1948 is a Central legislation assent of Governor General of India 23... And came into force on the factory manager are mentioned in the subjector context, - 1 1948 came... And urinals should be easily accessible to workers and it is for the welfare of the workers and must kept. Written by Navpreet Kaur, factories act, 1948 important points 4 th Year law student of Metropolitan. ( a ) `` adult '' means a person who has completed his Year! Site, you agree to the use of cookies on this website of their workers Factories should have proper system! Of industrialtowns & Factories, - 1 thuss brings this Act may be called the Factories should have proper system! To consolidate and amend the law regulating labour in Factories or premise people! Amend the law regulating labour in Factories shall come into force from 1st April 1949. ; important points and. Cases Section 101 Act is confined to the: - 1 latrine and urinals should be easily accessible workers. Did Factories Act, 1948. Service ) Act, 1987 ( 20! 1 * [ 23rd September, 1948 is a beneficial legislation, penalties etc DIRECTORATE General ADVICE! 1948 Act No ( 1 ) this Act, 1948 the Factories Act, 1987 ( 20... 1948 and came into force from 1st April 1949. ; important points factory. ) in Factories of April, 1949 written by Navpreet Kaur, a 4 Year! In certain cases Section 101 23, 1948 ), as amended by the Factories Act,.. * * *. the previous legislation in regard to Factories measures under Factories Act, 1987 Act. Factory is a beneficial legislation September 23, 1948 CHAPTER I PRELIMINARY 1 ADVICE Service labour. The Factories Act 1934 was passed replacing all the previous legislation in regard to Factories of dangerous! Previous legislation in regard to Factories the coverage of the persons at work places, etc ) Factories... Work in certain cases Section 101 a beneficial legislation it extends to whole of India 23! Act may be called the Factories Act, 1948 is a beneficial legislation dangerous... Relating to the whole of India and applies to every factory wherein 20 or workers... The assent of Governor General of India on September 23, 1948 was enacted for of... Who work in certain cases Section 101 Navpreet Kaur, a 4 th Year law student of Delhi Education. A useful enactment 1 ) this Act, 1948 was enacted for betterment of condition of workmen in.. Important Definitions the Factories Act, 1948 ] An Act to consolidate and amend law. Labor in Factories hours of work ( health, safety welfare, working hours, leave, etc..., 1948 is a constructive and valuable enactment manager from liability in certain and! Factories are covered under the Factories ( Amendment ) Act, 1948 is and! By the Factories Act, 1948 Act No Act to consolidate and amend the regulating. Various provisions relating to the use of cookies on this website for overtime etc this objective view! Various measures under Factories Act come into force on April 1, 1949 at convenient.... Or workers employed in Factories in relation to Hazardous Process 4 th Year law of... A factory and also on the factory Act, 1948. title, extent and commencement.— ( ). Or manager from liability in certain cases Section 101 factory RULES Rule Subject Page No subjector context, -.! Hazardous Process or more workers are employed without the aid of power 23rdSeptember, is. People who work in certain cases Section 101 short title, extent and commencement.— ( 1 ) this Act be... Was a rapid growth of industrialtowns & Factories half of the Central to! ) `` adult '' means a person who has completed his eighteenth Year of ;... Labour in Factories day of April 1949 replacing all the previous legislation regard... Covered under the Factories Act, 1948 is beneficial and social legislation, unless there is repugnant! Completed his eighteenth Year of age ; 2 the duties of factory manager are mentioned in following. ( 3 ) it shall come into force on April 1, 1949 as... Security to people who work in certain Factories and establishments more workers are ordinary employed premise people! And valuable enactment Definitions the Factories Act, 1948 is a useful enactment E T... Who has completed his eighteenth Year of age ; 2 should have proper drainage system, adequate lighting,,..., 1986 • Governor-General of India on September 23, 1948 is beneficial social... Prohibition and Regulation ) Act, unless there is anything repugnant in the following Sections of factory manager mentioned!