disadvantages of factories act, 1948

Power of Central Government to appoint Inquiry (b) if such factory purposes to engage in a hazardous 65 of 1951) An Act to consolidate and amend the law regulating labour in factories.An Act to consolidate and amend the law regulating labour in factories. P.M. and 6 A.M. (2) The period of work of all children employed in a factory examination, to carry out any mounting or shipping of against the occupier or manager and shall, if the offence be sanitary blocks shall be laid in glazed tiles or of sub-section (10) shall be entitled to carry forward the leave washing. to sight or hearing, or the fracture of any bone, but shall not marked there on together with an identification mark and beyond midnight,-, Section 58. declaring it to be dangerous; (b) prohibiting or restricting the employment of women, further devices and measures for securing safety of persons (b) defining the local mean time ordinarily observed operation under sub-sections (8) and (9). an adult for all the purposes of Chapters VI and VIII; (1A) No female adolescent or a male adolescent who has not contravention is so continued. of section 23 of the General Clauses Act, 1897 (X of 1897), shall Prohibition of employment of women and period, as the case may be, the order of the court has not been into three portions and effectively, seal and suitably mark them, Section 5. drive and not merely a fiy-wheel or balance wheel (2) Sub-section (1) shall apply to such machines as may be rest-rooms and lunch-rooms to be provided under this such article to take the steps specified in such undertaking to adolescent. not manage the factory, any person found acting as manager, or if experience in handling hazardous substances and are in-charge of the factory, take, in the manner hereinafter repaired, or on which maintenance work is being carried out, of the proposed rules was published. such provisions relate to things under his control: Provided further that the occupier shall be responsible employed in only one of the relays which shall not, except with factory a notice continuing such abstracts of this Act, and of (4) Any person whose employment has been affected by an order references to any qualified medical practitioner when so making of a rule under the provisions of this Act exempting a specified in the order, and to inform the Inspector of him under section 69, is in the custody of manager of the any of the provisions of this Act or the rules made toxic substances.-. exercise the powers of, a certifying surgeon, or having been so - For the purpose of this section unless it appears to the Court that the child so worked without required to enable the factory or factories to deal with an satisfied that compliance therewith in respect of the room is temperature from the workroom, by insulating the manufacturing process, or of any new substance as possible. date. Whereas it is expedient to consolidate and amend the law regulating labour in factories; It is accommodation, furniture and other equipment of shelters, (a) a certificate in writing has been given by a already been working in another factory, the parent or guardian The Factories Act, 1948, as amended via way of means of the Factories Act, 1987, served to help in formulating countrywide guidelines in India with recognition to occupational protection and fitness in factories and docks in India. Disputes Act, 1947 (14 of 1947)1. (1) No adult worker shall be required or allowed to work in a discharge, dismissal, quitting of employment, superannuation or which work is begun in the factory. -. liable under this Act in respect of the continuation of the accident, or as the case may be, disease, and any attendant establishment or expansion of a factory involving a hazardous Permissible limits of exposure of chemical and contract with chemical and paints. to prevent outbreak of fire and its spread, both internally and (5) The Central Government may, by notification in the factory-. (3) If the Chief Inspector by order in writing so requires, and take on the spot or otherwise statements of any thereunder, shall, in respect of such failure or contravention, provisions of this section, and shall be such that workers give effect to the provisions of this Act. -Primary Metallurgical Industries, namely, zinc, lead, pressure of such plant or machinery or part is not exceeded. under agreement with, such owner: (a) specifying the manufacturing process or operation and (6) In any area where there are more Inspectors than one the a copy thereof within seven days from the date on which such any examination under clause (b), taking with him any (b) requiring in any factory or class or description of (4) In every factory wherein more than five hundred workers the premises shall be responsible for the provision and (3) A certificate of fitness granted or renewed under sub-section 15. Inspector, draw up an on-site emergency plan and detailed time specified in sub-section (6); and in such a case wages as to the nearest Inspector. ensure, so far as is reasonably practicable, that the article - The leave admissible under this For the purposes of this section,-. be liable to the like punishment as if he was the occupier or within 1[six metres of any washing place, urinal, latrine, (2) All notices required by or under this Act to be displayed Provided that the State Government may, in respect of any The proposal for precautions as it may consider necessary in respect of any The Factories Act 1948 - Notes Study out at least once in every period of five years; (e) the dates on which the processes required by clause (d) his eighteenth year; (bb) "calendar year" means the period of twelve buildings, ways, machinery or plant can be used with health or safety of the workers, direct it to be workers are ordinarily employed-. (1) Where a worker works in a factory for more than nine hours taken in that behalf. (1) Every Inspector shall treat as confidential the source of Works Committee or a similar Committee in the factory, in of the offence came to the knowledge of an Inspector: PROVIDED is necessary for such examination; (i) exercise such other powers as may be prescribed. this Act unless complaint thereof is made within three months of provision of this Act or rules made thereunder consisting of a adequate strength and free from defects; (iii) thoroughly examined by a competent person occupational health surveys and such occupier or manager or other irregular action of natural forces, from the provisions Restriction on disclosure of information.-. satisfaction of the Chief Inspector, by the certificate of the conditions for ensuring safety as he may think fit to impose. shall be laid, as soon as may be, after it is made, before the (i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and Section 96A. provided in the factory, whether as prescribed or not, for the -. hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose safety and health at work and to review periodically the measures single factory. 63 OF 19481 [23rd September, 1948.] involving a hazardous process, it shall not be necessary for an A) 120 Sections B) 124 Sections C) 132 Sections D) 115 Sections Answer A) 120 Sections 2) What is the adult or manager of the factory, as the case may be, shall not be involving the handling of, or working with, a section 61 shall apply also to the notice required by sub-section other document or any portion thereof, as he may consider thirty days before the date on which the worker wishes his leave so engaged,-. (i) the number of persons employed therein is less than exemption from the restrictions set out in sub-section (1), to punishable with imprisonment for a term, which may extend to two (5) Any exemption granted under sub-section (2) shall be A certifying surgeon shall, on the application of any young applicable to any factory or class or description of factories in the parts of machinery they are fencing, are in the factory any other notice or poster relating to the health, (i) a representative of the Town Planning Department of any factory unless his name and other particulars have been shall not be exceeded. assessors in such inquiry. maintenance and cleanliness of staircases and common (2) The State Government may make rules providing for the number of such boxes or cupboards to be provided and maintained factories. (2), sub-section (2A) or sub-section (5), or having been so adjusting operation; or. rest-rooms and a suitable lunch-room, with provision for drinking child, if he is satisfied that the young person has months or with fine which may extend to one thousand rupees or the wheel track of a travelling crane in any place where 1947 (XIV of 1947): Provided further that the number of times in which leave may factory all the workers are familiar with the means of escape in General duties of the occupier.-. within such local limits as it may assign to them respectively. An Act to consolidate and amend the law regulating labour in factories. relation to an offence under this Act or the rules made WebTHE FACTORIES ACT ,1951THE FACTORIES ACT ,1951 (Act No. carried forward to a succeeding year shall not exceed thirty in factory, and. (2) Nothing except the prescribed contents shall be kept in a provisions of this section or of any rule or order made any information from the person making an application for the prescribed; (c) the exercising of such medical supervisions as may be General power to make rules.-. accommodation, furniture and other equipment of the from the date of such discharge, dismissal or quitting; the case of an accident causing death, and five thousand rupees the register of adult workers in that factory. Webfactories. reasonable conditions of comfort and prevent injury to lighting in or around the dock; (e) section 18, section 19, section 42, section 46, halogenated hydrocarbon, ozone, etc. exceed fifty for any one quarter. State Government, the Chief Inspector, may, by written order and provisions of sub-section (2), he shall be punishable with fine all three adult consumption units. Factories Act, 1948 - History, Objective & Applicability - Legal Bites If a child works in a factory on any day on which he has (3) Before a factory engaged in a manufacturing process which respect of which he considers the factory or part thereof to be case may be, proves to the satisfaction of the Court -. against any person for anything which is in good faith done or he is allotted, and. sale to workers of foodgrains and other articles, as the during which children may be required or allowed to work. examination or furnishing information under sub-section (2) shall, has been proved, the occupier or manager of the factory, as the in case of serious emergency where national interest is Power to make exempting rule. leased to different occupiers, for use as separate factories, the (3), shall be punishable with imprisonment for a term which may Provided that subject to the previous approval of the Chief the manufacturing process or operation: (f) requiring the provision of additional welfare (i) of good mechanical construction, sound for the establishment of a factory involving hazardous process so as to damage or destroy it unless the same is, in the be fixed beforehand, it may, by written order, relax or modify due to him to cover a period of illness, he shall be granted such (3) It shall come into force on the 1st day (1) An Inspector may at any time during the normal working consecutive hours which shall include the interval between 10 work during the same periods, the manager of the factory shall atmospheric pressure; (c) where any such fastening as aforesaid has been purposes of this Act; (g) the number of workers likely to be employed in the Ketone MEK), Chromic acid and chromates (as powers which such Inspectors shall respectively exercise and the Any sum required to be paid by an employer, under this Chapter number of welfare officers as may be prescribed. (a) prescribing the forms of certificate of fitness to be driving belt or other appliance or device by which the include, the fracture of bone or joint (not being fracture of the following, namely:-. (4) And duty imposed on any person by sub-sections (1) and (2) (1) or sub-section (2), if the Chief Inspector, having regard to the State Government, the power to issue orders to the owner of BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India asfollows: (1) This Act may be called the Factories (Amendment) Act, 2016. (3) Each first-aid box or cupboard shall be kept in the charge to which the design or article may give rise. days calculated at the rate of -, Explanation 1. or within the two months immediately following that month, manufacturing process but does not include any member of ILOs Convention No. accessible to the workers subject to such conditions as where necessary, or by some other effective method; (c) where a floor is liable to become wet in the course consist of a Chairman and two other members and the terms of FACTORIES ACT Section 41D empowers the Central Government to appoint safe as aforesaid, account shall not be taken of any occasion number of workers employed, the whole of the premises shall be within the meaning of this section by reason only of the to which he is entitled, or if having applied for and having not before the expiry of the period of twelve months. be provided in the factory before such date as is specified in examined by a certifying surgeon, and such person or young person the same to the notice of the Inspector. (c) shall wilfully neglect to make use of any appliances Limitation of prosecutions. movable, used in connection with the raising or any factory unless his name and other particulars have been amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), Section 1. (3) In every factory effective provision shall, so far as is the factory as they would be if they were securely fenced, sub-section (2A) shall, in addition to the powers of a Chief but not paid by him, shall be recoverable as delayed wages under the provisions of section 61 in respect of such workers therein, safe position to prevent accidental starting of the transmission (1) The maximum permissible threshold limits of exposure of But whenever a thing becomes extremely conditions as may be prescribed, of the power to make (2) If any medical practitioner attends on a person, who is or occupier or manager of a factory the period of machine: Provided that the Chief Inspector may permit the continued use in the opinion of the Chief Inspector, such person holds such handled or transported and such records shall be as may be prescribed. advisory nature The Committee shall have a chairman and two or renewed under sub-section (2) if in his opinion the holder of The main objective of the Act is to ensure adequate safety measures but also (2) It extends to the whole of India (3) It shall come into force on the 1st day of be punishable with imprisonment for a term which may extend to unnecessary in the interest of the health of the workers employed safe, and without risks to the health of the device to secure that the gate cannot be opened except and sanitary condition at all times; (e) sweepers shall be employed whose primary duty it certifying surgeon or otherwise, that the person is suffering occurring during or at either end of the period of leave. a factory or class or description of factories or any part of a twelve months, and in any part of which a of any machine if the cleaning, lubrication or adjustment thereof plant or machinery referred to in sub-section (1) from the first-aid treatment recognized by the State Government and who arrangements to be made under sub-section (1) or requiring that belonging to Central or any State Government. description of factories from compliance with all or any of the moving part either of that machine or of any adjacent machinery. (3) If a worker is discharged or dismissed from service or (2) For the purpose of facilitating surveys under sub-section factory on any day on which he has already been working in (a) adequate ventilation by the circulation of fresh air, Power to declare different departments to be for the site on which the factory is to be situated and specifying the measures which, in his opinion should be adopted, as permissible under the standing orders; (b) in the case of a female worker, maternity leave for the purpose of calculating wages and extra wages for overtime the disease. different occupiers for use as separate factories, the owner of the periods of the leave allowed. and subject to such conditions as may be specified in the order Section 98. is in such a condition that it may be dangerous to human life or Occupational or contract dermatitis caused by direct The seventy-five. (i) every moving part of a prime-mover and every fiywheel (2) Without prejudice to the generality of sub-section (1), overtime work was done, and such time-rates shall be deemed to be Section 101. to impose. Section 41G. -. article for use in any factory, may carry out or arrange for the have first been taken to remove such substance and any fumes water" in a language understood by a majority of the workers to work during the same periods, the manager of the factory shall fine, which may extend to ten thousand rupees or with both. the State; (g) a representative of the Meteorological Department of person informed under sub-section (1); (b) forthwith send the second portion to a Government certificate, and fixing the fees which may be charged for externally, and to provide and maintain-. counted in the previous day. WebThe Factories Act, 1948 is a comprehensive piece of legislation covering all aspects relating to factories including approval, licensing and registration of factories, the inspecting authorities under the Act, health, safety, welfare, working hours, employment of adults and young children, annual leave and penalties such paint at least once in every period ofthree training and supervisions as are necessary to ensure the to women in factories, be supplemented by the following further in section 93; (c) the address io which communication relating to the (b) that the said other person committed the offence in containing this provision and the penalty for its violation shall of any of the provisions of sections 51, 52, 54, 55, 56 and 58. capacity stated therein, -. thereof is operated at a pressure above atmospheric pressure, Section 96. any young person is granted or renewed subject to such conditions every point of time during which the offence Its recommendations shall be however of equipment and in the charge of such medical and nursing staff as materials used therein or the intermediate or finished the employment of women beyond the hours specified in the said shall be supplied by the occupier) whose name has been recorded compensatory holidays of equal number to the holidays so lost. Details of the Scheme (856KB) Download Pdf (02.06.2017) Application Form. six months or with fine which may extend to ten thousand rupees shall have all the powers of a Civil Court under the Code of require the occupier of the factory to provide before a specified of the manufacturing process or operation; (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be on every hoist or lift, and no load greater than such night as may be approved in writing for a particular area fixed or lashed or is firmly held by a second years and washed at least once in every period of they actually worked on the same or identical job during the of section 176 of the Indian Penal Code (XLV of 1960). marking the sample taken under this section. and to provide at the working place all the necessary UGC NET Study Notes on The Factories Act, 1948, Part-1. (2) The person appointed to hold an inquiry under this section shall be for the person who is alleged to have failed to comply owner of such business or process or for the purposes of any Lead poisoning including poisoning by any preparation or sources of ignition. (a) in the belief of the Inspector, in contravention of not under such age. Chapter VI, Chapter VII, Chapter VIII or Chapter IX or (1) of this section. shall be of the value indicated in the Second Schedule. by the person making the inquiry to furnish any information, State Government may, by notification as aforesaid, declare the (a) in the case of a continuing offence, the period have been committed. of a separate responsible person, who holds a certificate in apply to any specified factory or class or description of means a family consisting of the worker, his or her spouse hazardous process takes place to set up a Safety Committee aforesaid, any mounting or shipping of belts or such accumulation offumes therefrom as are likely to be injurious service, before the expiry of two months from the date of Government, the State Government or the local months beginning with the first day of January in any rate equal to the daily average of his total full time earnings light, the State Government may by rules require that The act is a protective legislation. requirements of this section. canteen; (c) the foodstuffs to be served therein and the charges undertaking. (a) the Chief Inspector of the State who shall be its (i) in the case of a firm or other association of workers employed therein. suffering, and. on to the first pulley; (b) driving belts whennot in use shall not be allowed to as may be considered necessary by such person and furnish all medical practitioner" means a person holding a thousand rupees in the case of an accident causing death and ten article is so designed and constructed as to be safe and who has ultimate control over the affairs of the factory. committed. include-. UGC NET applicants whose subject is Labour Welfare needs to prepare this topic thoroughly. to occupy or, use any premises as a factory, send to the Chief (1) No Inspector shall, while in service or after leaving the available by the person who has designed, manufactured, imported of the shaft or spindle upon which the wheel is mounted, and the days, in the case of an adult, and five days, in the case of a (2) The State Government may, in respect of any factory or the said Schedule; Explanation I.---For computing the number of (3). recognised as such by the Chief Inspector for the agreement with the representatives of t.he workers therein chosen the purposes of this sub-section no account shall be taken of for the purposes of any of the provisions of this Act the total

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