general duties of occupier under factories act, 1948

(ii) result in the pollution of the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;]. It extends to whole of India and applies to every factory wherein 20 or more workers are ordinarily employed. (June 2013, 4 marks) Such as provision of toilet, living room, rest room, fresh water, canteen etc. The comment says that when the Factories Act came into force, it came into force on 1 April 1949, whereas it was ready only in 1948. 1-12-1987). Answer: 1-12-1987). General duties of manufacturers, etc. GENERAL DUTY OF OCCUPIER, LESSON NO.17- COMPLIANCES UNDER LABOUR LAWS. [xxiv] Clause (q)repealedby A.O. The Factories Act, 1948 is a constructive and valuable enactment. Maintenance of proper records of Attendance and Leaves. When the Factories Act 1948 Act came into force, its purpose was that there should be one way of working. Female children can be employed only between 8 AM to 7PM. Thus, electrician is not an employee of the hotel under the provisions of the Factories Act, 1948. Anyone who is less than 15 years in the category of Child will come under its categories. (i) Sooraj Hospital has a laundry in its premises to ensure a high degree of hygiene standard for washing the linen used in the hospital. Audit under Labour Legislations is an effective tool for compliance management of labour legislations.lt helps to detect non-compliance of various labour laws applicable to an organization and to take corrective measures. General duties of an occupier under the Factories Act, 1948. (4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control. Answer: There is an agreement between the hotel and the electrician that he will be required to attend to repair work whenever required on call. (June 2009, 4 marks) What are the duties of occupier under the Factories Act 1948? Question 14. When the factory act was implemented, what was its purpose, we understand it through the following points-. Do these processes amount to manufacturing process under the Factories Act, 1948 ? [xxxii] Inserted by Act 94 of 1976 (w.e.f. Interpretation.In this Act, unless there is anything repugnant in the subject or context,. Special provisions of the Factories Act, 1948 relating to hazardous processes. Premises and precincts under the Factories Act, 1948. were also obliged to do so. Discuss the following: 3. (June 2022, 6 marks), What is manufacturing process as per the Act (2) If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. Proper maintenance of the plants so as to ensure that they are safe. Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes etc. Table of Contents: Introduction All About the Factories Act 1948 List of Amendments in the order of Adaptation [xxvi] Substituted by Act 25 of 1954, S. 3. This Section deals with the provisions relating to arrangements for drinking water in factories. 63 of 1948 september, an act factories. You must have seen the turbine moving, which is used to rotate the pulley, chain, shaft etc. When India was under British rules, there was no proper working time for Indian workers and after overtime they were not given wages accordingly. 1-12-1987). Short title, extent and commencement.(1) This Act may be called the Factories Act, 1948. That is to say that the workers who are working inside the company should not be exploited as was done in British rules. (a) the name and situation of the factory; (b) the name and address of the occupier; [xxxiii][(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in Section 93;]. PART I Introductory 1. (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a), (c) take such steps as may be necessary to ensure that adequate information will be available. Section 16 has been enacted with a view to provide sufficient air space to the workers. It may direct that proper measuring instruments at such places and in such position as may be specified shall be provided and prescribed records shall be maintained. To ensure the regular maintenance of the plant or the machinery in the factory. The time of 24 hours i.e. They might cover a particular hazard the group faces and the required control measures, learning from recent incidents etc. Write notes on the following: Plant maintenance that is safe and without risk to health of. ], 5. Thus, the small scale establishment will be a carrying manufactured process under the factories Act, 1948. [xiii] Substituted by Act 94 of 1976 (w.e.f. from midnight to midnight is called day. [xxxi] Original cl. Partner or independent contractor cannot be regarded as worker. Every occupier of a factory shall make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on in the factory so as to render them innocuous and for their disposal. [xxxi][(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government]; (aa) requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in Section 7 has been given. Write short notes on the following: Section 92: General penalty for offenses. Distinguish between the following: Apart from that, additional provisions are contained in section 66 of the Act. Distinguish between the following: A person who has completed 18 years of age. They will be punishable for with imprisonment upto 2 years and fine upto Rs.2 lakhs. Can jurisdiction be transferred in a consumer case to my home place? The weavers take raw material and manufacture cloth in the looms installed by them. Question 18. It is immaterial how or by whom he is employed so long as he is actually employed in a manufacturing process. (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. Prakash Kumar advised workers in his factory to work on all Sundays in a month by compensating the weekly holiday on Wednesdays. 6. Answer: Question 29. Thus in the above case the workers employed by the merchants covered under the category of workers under the provisions of the Factories Act, 1948. The first purpose of implementing this was that if any workers or employees are working in any factory or company, then their heath and safety should be ensured and there should not be any kind of accident during the work and related to the health of the workers. Chargesheet / Challan Not to be uploaded on Websites, unlike FIRs : SC, Decent and minimum pay for young lawyers and their struggle, Retired Officer of Company who signed the cheque not guilty for Cheque Bounce : Delhi HC. Occupier of the factory needs to give a notice to Chief Inspector: 30 days before date of resumption of seasonal factories, 15 days before date of use of premises by occupier, Where new manager is appointed, Occupier to intimate within: 7 days of appointment. An Act to provide for the promotion of the health, safety and welfare of persons employed in factories. 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A non site emergency plan and detailed disaster control measures to be initiated in acute cases needs to be drafted by the occupier and spread awareness to the workers about the same. Section 7A in The Factories Act, 1948 1 [7A. What are the duties of occupier under the Factories Act 1948? In the above case ghee brought from the various customers is sampled chemically, analysed and packed in tins for transportation to the head office of the company for sale in the market. used to go. 26-10-1976). Chapter III (Section 11-20) of the Factories Act, 1948 dealing with the provisions relating to Health of the worker. (June 2009, 5 marks) [xiv] Inserted by Act 94 of 1976 (w.e.f. (6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article. .In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time: [Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.

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