Book of factories act 1948 occupier as per

Power to declare different departments to be separate factories or two or more factories to be a single factory. Very important features of the factories act, 1948. Any premises including the precincts a place enclosed with walls or fences thereof. It can therefore, be construed that any kind of director can be appointed as occupier. 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.

Section 7 of factories act 1948 explains the provisions relating to this. Section 2 n of the factories act, 1948 defines the occupier in relation to factories. Registration and licensing of factories under factories. 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. 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. According to the provision of working hours of adults, no. The occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working in a factory. Duties of occupier directorate of industrial safety and. Registration and licensing as under factories act 1948. What are the factories act 1948 pdf with latest amendments. C needs to be given atleast half an hour break after continuous 5 hours of work. Whereas it is expedient to consolidate and amend the law regulating labour in factories.

Who is an occupier as per the factories act,1947 an employee who is having managerial andor supervisory power in the managementin the factory like to appoint and terminate the service of any person worker, official of the factory, sanction of leave, gate pass, become the occupeir of the factory. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. This act has seen many amendments after the independence. Penalty for permitting double employment of child 100 repealed 101 exemption of occupier or manager from liability. Factory in the factories act,1948 legal service india. Under the factories act, factory means any premises. Conditions in these factories were very gloomy and awful. Model rules under the factories act, 1948 corrected up to 31987 directorate general. In any part of which a manufacturing process is being carried on. The factories amendment bill, 2016 was introduced in lok sabha on august 10, 2016 by the minister for labour and employment, mr. 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. 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.

It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Yet some employers have still not applied the prescribed guidelines. 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. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. The owners, occupiers or managers of factories shall submit the prescribed periodical returns to the inspector regularly. The factory act, 1948 was enacted for betterment of condition of workmen in factories.

In case of a company, it includes any director of a company. 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. 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. As per the 1948 factories act, a factory is defined as any premises having more than ten workers working on any day of 12. 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. There is no specific category of director who should be designated as occupier as defined in this section. Section 2n of the factories act, 1948 defines the occupier in relation to factories. 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. Lxiii of 1948 23rd september, 1948 an act to consolidate and amend the law regulating labour in factories. As well the director of industrial health and safety factory inspector can take action under section 92 and 93 of factories act 1948. 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. However he should be convicted under either of the law as per doctrine of double jeopardy. 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. The bill amends provisions related to overtime hours of work. Up to 30 days leave can be accumulated under the factories act, 1948. 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. First indian factories act, came into force during 1881 comprehensive act was enacted immediately after the independence under the nomenclature the factories act, 1948. Factories act, 1948 bare acts law library advocatekhoj. Short title, extent and commencement 1 this act may be called the factories act 1948 2 it extends to the whole of india. In this act, unless there is anything repugnant in the subject or context. To ensure the health, safety and welfare of all workers while they are at work in the factory. Power to declare different depertments to be separate 5.

Duties of occupier duties of occupier under factories act, 1948 general. All form under factories act1948 zip download citehr. In the factories act,1948, according to section 2k defines manufacturing process as. Objective of the act the act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For contraventions of provisions of the act, imprisonment upto 7 years or fine upto rs. What is the factory act 1948 and how was it established. 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. According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. 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. 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. 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.

For that purpose, it seeks to impose upon the owner or the occupier certain. For continuous contraventions of the act, imprisonment upto 10 year andor fine upto rs. An explanation to the factories act, 1948, india ssrana. Factories or two or more factories to be a single factory. 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. 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, delivery or disposal, or. 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. 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. To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers.