This act was to amend the previous acts of 1937 and. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. Occupier of a factory means the person who has ultimate. Obligations and liabilities under the factories act 1948. Occupier of a factory means the person who has ultimate control. Appointment of independent director as an occupier of factory. Factory act 1948 short note ppt occupational safety and. It is a central act which is enforced by the state governments. Aug 04, 2020 the factories act, 1948 formed as act no. According to section 2n occupier of a factory means the person, who has.
Sep 16, 2020 the factories act, 1948 factories act consolidates the laws regulating labour in factories. Duties of occupier under factories act, 1948 citehr. General duties of the occupier labour law vskills tutorials. C occupier of the factory needs to give a notice to chief inspector.
Section 2n of the factories act, 1948 defines occupier as follows. There is no specific category of director who should be designated as occupier as defined in this section. The factories act, 1948 came into force on 1 st april 1949. The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. And the gujarat factories rules, 1963, as modified upto 31st march, 1967 india printed at the government press, 1967 labor laws and legislation 274 pages. Amended several times before new act of 1948 was passed. Composing types of printing, printing by letter press, lithography, book binding or. General duties of occupier as per the factories act, 1948. Factories act, 1948 bare acts law library advocatekhoj. Important provisions of the constitution of india relevant to the factories act. The main objectives of the indian factories act, 1948are to regulate the working. It has been amended from time to time but the main framework remained the same.
The occupier has the following general duties under the factory act, 1948 ensure and insure the safety and health of the working employees. Power to declare different departments to be separate factories or two or more factories to be a single factory 12 5. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Nonferrous metallurgical industries primary metallurgical industries, namely, zinc, lead, copper, manganese and aluminium 3. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india.
Whereas it is expedient to consolidate and amend the law regulating labour in factories. Liability of owner of premises in certain circumstances 1 where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. 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. Date on which the occupier occupied the premises or will occupy the premises. Importance of factories act, 1948 the factories act, 1948 is a beneficial legislation. Jun 23, 2020 introduction the factories act, 1948 is a constructive and valuable enactment.
Section 2n of the factories act, 1948 defines the occupier in relation to factories. If the factory is covered by the provisions of section 93 of the factories act act lxiii of. Compulsory disclosure of information by the occupier dgfasli. To ensure the health, safety and welfare of all workers while they are at work in the factory. Occupier shall ensure, the health, safety and welfare of all wor. Factory act 1948, part 2, occupier, inspector, certifying. 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. An act to consolidate and amend the law regulating labour in factories.
But this book is designed to profess the subject matter in the form of. In case of a company, it includes any director of a company. 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. Ensure and insure the safety and health of the working employees. The factories act, 1948 1the first schedule see section 2 cb list of industries involving hazardous processes 1. Factories act, 1948 arrangement of sections section page chapter i preliminary 1. Y 30 days before date of resumption of seasonal factories y 15 days before date of use of premises by occupier. Section 2 n in the factories act, 1948 n occupier of a factory means the person who has ultimate control over the affairs of the factory 11. Factories act is one of the earliest welfare legislation.
The act aims at protecting workers employed in factory from unfair exploitation by the employer. Factories act 1948 dgfasli, mumbai, ministry of labour. Overtime under section 59 1 of the factories act, 1948 to the staff gov erned by the. The ministry has prepared a comprehensive proposal for amending the factories act which is still under consideration. The factories act, 1948 presented by a gandhi retd. 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. 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. Save as is otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each.
What are the duties of an occupier while running a factory. The factory acts were a series of acts passed by the parliament of the united kingdom to. Sunday, 01 may 2016 written by super user 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. A guide to the factories act, 1948, the karnataka factories rules. Ferrous metallurgical industries integrated iron and steel ferroalloys special steels 2. Factories act, 1948 chapter x penalties and procedure. The government of india enacted factories act in 1948 to safeguard workers against. C occupier as per section 2n means a person who has the ultimate control over the affairs of the factory.
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. The factories act, 1948 and the assam factories rules, 1950. The factories act 1948 is an act to consolidate and amend laws regulating labour in factories. Dec 20, 2019 the term occupier is defined under section 2h of the factories act 1948. Specific responsibility of the occupier in relation to hazardous processes.
The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the expo sure to or handling of the materials or substances in the manufacture, transpor tation, storage and other. The factories act, 1948 is a constructive and valuable enactment. Page 4 i making, altering, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal. For contravention of provisions of factories act or rules, the occupier shall liable for punishment. Power to declare different depertments to be separate 5. To ensure the regular maintenance of the plant or the machinery in the factory. If the factory is covered by the provisions of section 93 of the factories act act lxiii of 1948, full name, fathers name and address of the owner of the premises or buildings in which the factory is situated. The factories act stipulates that every factory must have an occupier defined under its section 2n as the person who has ultimate control over the affairs of the factory. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. According to section 2n occupier means the person who has ultimate control over the affairs of the factory. The factory act, 1948 was enacted for betterment of condition of workmen in factories. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india.
Model rules under the factories act, 1948 india code. Your logo or name here the duties of occupier have been clearly mentioned in the following sections of factories act, 1948. Occupier must ensure the health, safety and welfare of all workers while they are at work in the factory. Sep 03, 2020 responsible persons under the factories act, 1948. The act was last amended in 1987 after the bhopal gas tragedy. Appointment of independent director as an occupier of. This video help you to understand factory act 1948 terminologies. The responsible persons under the factories act will be the manager and the occupier for the implementation of provisions envisaged under the act. Summary of the factories act 1948 commentory simple. In april 1855 a national association of factory occupiers was formed to watch over. The employer is primarily responsible to provide health safety and welfare, proper working hours, leave and other benefits to the workers employed in the factory. The occupier for all facilities of hzl covered under the factories act is mr. Notice by occupier 1 the occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the chief inspector a written notice containing a the name and situation of the factory.
Sec 2n occupier occupier of a factory means the person who has ultimate control over the affairs of the factory. Register shall contain following particularsname of occupier factory address distinguishing number of mark date, when the equipment used first time. The factory act 1948 is more comprehensive than the previous act. It contains law relating to the rules and regulation of labour employed in factories in india that were embodied in the factories act, 1934. It throws different commitments, obligations, and duties on the occupier of an industrial facility.
This regulates that there are no health risks to the workers and they are safe. Yet some employers have still not applied the prescribed guidelines. A guide to the factories act, 1948, the karnataka factories. It means the person responsible to the occupier for the working of the factory for the purposes of the act. Oct 07, 2019 importance the factories act, 1948 is a beneficial legislation. Sfor the indian mines act,1923 4 of 1923 by act 25 of 1954 3 subs. Factories or two or more factories to be a single factory 6. Compulsory disclosure of information by the occupier. Section 92 106 provide for penalties and procedure along with procedural matters. The factories act, 1948 learning objectives the definition of factory. Factories act, 1948 corrected up to 31987 directorate general. Section 6 and 7 licensing of factory the occupier of the factory is required the previous. The occupier of factory must provide the following safety measures for workers. Jan 23, 20 every occupier of a factory shall, a if such factory engaged in a hazardous process on the commencement of the factories amendment act, 1987 2 of 1987, within a period of thirty days of such commencement.
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