Air 1960 sc 569 field workers who are employed in guiding, supervising and controlling the growth and supply of sugar cane to be used in the factory are not employed either in the precincts of the factory or in the premises of the factory. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for male and female workers. A new caselaw and statute law supplement has been added to the book bringing it up to date till 2003. What are the factories act 1948 pdf with latest amendments. Section 2m of the factories act, 1948 defines factory as any premiseswhere ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of the power, or is ordinarily so carried on, or.
This lesson discusses the concept and important aspects as well as latest amendments related to factories act, 1948 in detail. As the area of industrial, labour and general laws undergoes frequent changes, it becomes necessary for. It also advises factories on various problems concerning safety, health, efficiency and. Not allowed to work between 10 pm to 4 am unless approved by apprenticeship. The salient features of the factories amendment bill, 2016 inter alia, are to a enhance the limit of overtime hours from the present limit of fifty hours per quarter to one hundred hours per quarter under section 64. Power to direct enquiry into cases of accident or disease notice of certain diseases. The rules as to the regulation of hours of work of adult workers in a factory and holidays are as follows 1. As of today 5th jan 2012 no amendment to factories aact 1948. The factory act, 1948 was enacted for betterment of condition of workmen in factories.
If you expect to employ 100 or more employees you may have to frame a standing order in which you can detail the leave rules also. As per factories act or mines act as the case may be when undergoing training. Child labour in samsungs supply chain a closer look at shinyang electronics co. Yet some employers have still not applied the prescribed guidelines. Where, as a result of the passing of an order or the making of a rule under the provisions of this act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in subsection 1 of that section, he shall be allowed, within the month in which the. Therefore, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on august 28, 1948. Rapid industrial growth in the country has brought in a. Employees provident funds and miscellaneous provisions act, 1952 7. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. In case of government semigovernment owned factory, a copy of the posting order issued by the administrative authority in favour of the person to act as an occupier under factories act, 1948 14. Competitive exams the factories act, 1948 translation in. Registration and licensing as under factories act 1948. 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.
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 with regard to. The welfare and safety provisions of factories act, 1948 labor law 1 introduction. In order to standardize the health measures and safety provisions as per the factories act 1948 lays down certain health measures. Health measures and safety provisions as per factories act, 1948. Special points to be noted while drafting employment agreement 172 11. To watch full course videos, download my mobile application click the following link click the following link to bu. Case laws court judgments on occupational health and safety. If you got any case studies on the factories act by now pl email it. The factories act, 1948 factory wing gujarat x the factories act, 1948 act no.
The state vs alisaheb kashim tamboli on 17 september, 1954. Factories act, 1948 bare acts law library advocatekhoj. Therefore, the factories act, 1948 consolidating and amending the law relating. But due to nonavailability of the updated edition of the assam factories rules, 1950 with the various amendments, the factory management as well as the factory workers were finding difficulties in.
Legal prosecutions are filed in the court of law by the directorate against the factory management for noncompliance of the act during inspection in case of serious noncompliance of provisions of the factories act, 1948 and the rules made thereunder, if noticed, prosecutions are launched against the occupier and the manager of the factories. Factories act 1948 complete act citation 51809 bare act. The amendment in this case, will be only change in the location of the factory. Any inspectorate of factories issue letters or notices to factories in their states based on concerned state factory rules. Lxiii of 1948 23rd september, 1948 an act to consolidate and amend the law regulating labour in factories. Check out our top free essays on case study on factories act 1948 to help you write your own essay. The factories act, 1948 with latest amendments l workplace. An act to consolidate and amend the law regulating labor in.
The occupier was punished under the power of section 92 of the factories act, 1948 as well as under the section 304 a of the indian penal code for an accident causing death in the factory. As held by this court in the state of uttar pradesh v. Nov 19, 2017 under factories act 1948, the procedure for licensing and registration is given under various sections. The factory act 1948 is more comprehensive than the previous act and focuses mainly on health, safety, welfare of the workers inside factories, working hours, minimum age to work, leave with pay etc. This law was applicable to only those factories, which employed 100 or more workers. Introduction in india the first factories act was passed in 1881. An act to consolidate and amend the law regulating labour in factories. Factories act is a labour legislation history essay. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india.
Factories act 1948 dgfasli, mumbai, ministry of labour. Summary of the factories act 1948 commentory simple. Factory in the factories act,1948 legal service india. This act was basically designed to protect children and to provide few measures for health and safety of the workers. Factories act 1948 also help to formulate national policies that regulate the occupational safety of indian labour and also deals with many problems that concern the well being. Minimum wages act 1948 objectives, components, case laws. Some of the employees took initiative to implementlabour lagislations, facories. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Act1948 and rule 3 and 4 of assam factories rules 1950 were detected. The act was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. April, 1948 an act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Chapter v contains provisions for welfare of the workers in the factory and they are incorporated under sections 42 to 50 of the factories act, 1948 section 42.
Whereas it is expedient to consolidate and amend the law regulating labour in factories. Any other documents that may be called for in case of major accident hazard or section 2cb of factories act, 1948 category of factories. The substantial changes made in the existing law are as indicated in the notes on clauses omitted opportunity has also been taken to arrange the existing law and to revise expression where necessary gazette of india, 1947, part v page 589. The factories act, 1948 and the assam factories rules, 1950. The factories act, 1948 department of labour punjab. Prohibition of employment of women and children near cottonopeners 28. Maintaining sound health is undoubtedly a concern for everyone but it is more necessary for those who are constantly under threat of health hazards. In addition to the above stated definition of factory. Employment of young persons on dangerous machines 24. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. It will be of great help for preparing for the session ewhich i have take. Competitive exams commerce notes on labor laws dealing with factories act, 1948. Striking gear and devices for cutting off power 25. Download factories act, 1948 multiple choice for cs exe.
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. Buy factories act, 1948 with faqs book online at best prices in india on. Hours of work 42 to 48 in a week while on theoretical training. He admitted that there was no specific notification making the factories act. Fine and penalty under factories act 1948 factory act 1948 factory act 1948 forms factory act 1948 in gujarati factory act 1948 rules factory act 1948 uttar pradesh factory act 1948 in hindi pdf factory act 1948 book factory act 1948 pdf factory act 1948 haryana factory act 1948 ppt factory act 1948 india factory act 1948 applicability factory. If you continue browsing the site, you agree to the use of cookies on this website. Taxmanns factories act 1948 with state amendment incorporated the inspecting staff, provisions relating to hazardous process, welfare, working hours of adults and annual leave with wages. Explanation to this section defines serious bodily injury, which involves the.
It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Factories act, 1948 mcqs with answers part i choose the correct option for the questions below. Hindi labour legislation for cbse ugc net july18 in. The welfare and safety provisions of factories act, 1948.
Free essays on case study on factories act 1948 brainia. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. The minimum wages act 1948 is a legislative labor law that stipulates wages for both skilled and unskilled laborers in india. Kd srivastavas commentaries on factories act, 1948 ebc webstore. Cma inter law and ethicsfactories act 1948 youtube.
Factories act, 1948 india news newspapers books scholar. 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. To ensure that the employee can have the basic physical needs, good health and a level of comfort. The main object of the factories act, 1948 is to ensure adequate safety measures. The factories act 1948 was passed by the constituent assembly on 28 august 1948, assent was given by the governorgeneral of india on 23 september 1948 and the said act came into force from april 1949. Jul 22, 2009 hi, has anybody worked on actual case studies of factories act. Multiple choice questions on factories act 1948 for cs executive december 2014 omr based exams best of luck. Let the registration of your factory take place first.
Law book shop 1st floor, oriental complex banerji road. After that we will think of rules to be framed with regard to leave and other matters. Lxiii of 1984, shall be the same as prescribed for the post of inspector of factories, in the uttar pradesh inspector of boilers and factories service rules, 1980. Mar 11, 2011 the factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Factories act, 1948 corrected up to 31987 directorate general factory advice service and labour institutes. 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. This section is contained in chapter ix which is titled, special provisions.
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