The Factories Act of 1948 is social legislation enacted for occupational safety, health and welfare of workers. It applies to factories with 10+ power-using or 20+ non-power using workers. The Act consists of 120 sections across 8 chapters and 3 schedules. It covers key areas like definitions, licensing, working hours, leave, welfare provisions, and penalties for non-compliance. The Act established a factory inspectorate system and designated authorities to enforce its provisions aimed at protecting workers in factories.
Factories Act,1948 (6) Hazardous Process & Employment of Young PersonsMs. Shery Asthana
Section 41A: Constitution of Site Appraisal Committees
Section 41B: Compulsory disclosure of information by the occupier
Section 41C: Specific responsibility of the occupier in relation to hazardous processes
Section 41D: Power of Central Government to appoint an Inquiry Committee
Section 41E: Emergency standards
Section 41F: Permissible limits of exposure of chemical and toxic substances
Section 41G: Workers’ participation in safety management
Section 67:- Prohibition of Employment of Young Children
Section 68:- Non-Adult Workers to Carry Tokens
Section 69:- Certificate of Fitness
Section 70:- Effect of Certificate of Fitness Granted to Adolescent
Section 71:- Working hours for Children
Section 72:- Notice of Period of Work for Children
Section 73:- Register of Child Workers
Section 74:- Hours of work to Correspond with Notice Under Section 72 and Register Under Section 73
Section 75:- Power to Require Medical Examination
Section 76:- Power to Make Rules
Section 77:- Certain other provision of law not barred
Factories Act,1948 (6) Hazardous Process & Employment of Young PersonsMs. Shery Asthana
Section 41A: Constitution of Site Appraisal Committees
Section 41B: Compulsory disclosure of information by the occupier
Section 41C: Specific responsibility of the occupier in relation to hazardous processes
Section 41D: Power of Central Government to appoint an Inquiry Committee
Section 41E: Emergency standards
Section 41F: Permissible limits of exposure of chemical and toxic substances
Section 41G: Workers’ participation in safety management
Section 67:- Prohibition of Employment of Young Children
Section 68:- Non-Adult Workers to Carry Tokens
Section 69:- Certificate of Fitness
Section 70:- Effect of Certificate of Fitness Granted to Adolescent
Section 71:- Working hours for Children
Section 72:- Notice of Period of Work for Children
Section 73:- Register of Child Workers
Section 74:- Hours of work to Correspond with Notice Under Section 72 and Register Under Section 73
Section 75:- Power to Require Medical Examination
Section 76:- Power to Make Rules
Section 77:- Certain other provision of law not barred
The provisions relating to the Labour Welfare as mentioned in the Factories Act, 1948 : (1) Washing Facilities (2) Facilities for storing and drying clothing (3) Facilities for sitting (4) First aid appliances (5) Canteens (6) Shelters, rest rooms and lunch rooms (7) Creches and (8) Welfare officers
Indian Mining Legislation Mines Safety India Safety RulesNarayanan Nair
Mining Legislation in India, Indian Mines Regulatory Agency. Director General of Mines Safety, DGMS, Mines Rules, Metalliferous Mines Regulation, Mines Safety Rules
Martin has been writing this novel for over a decade and is has pushed back the release date numerous times. The good news is that Martin is close to finishing the novel. In December 2022, he said that he has about 500 pages to go.
Since then, a writer’s strike has taken place. The good news is that Martin has said that it won’t affect the release date of the book. Even better, it may help Martin focus on the book since many TV shows and movies have been paused as a result. And as we all know, Martin is always working on something related to entertainment.
The Winds of Winter Release Date
With Martin focused on finishing the book, the only question left is when is The Winds of Winter going to be released? If there are isn’t any more delays, then the novel will be released late 2024. I wouldn’t be surprised if the novel ends up getting one final delay and ends up being released in early 2025.
A few more months isn’t bad compared to over a decade of waiting. What is going to frustrate readers is the release date of the final book in the series. Will it take even longer than this novel? Once fans finish reading The Winds of Winter , they will be craving the final book in the series and it will be years before it will be released.
In the last five years, financial management has undergone vast changes. From simple sourcing to utilisation, additional areas which have gained importance are, risk management, maintenance & growth under risk engulfed environment, it is not simple market risk or environmental risk additional factors added now are pandemic risk, even factory layouts, safety& security of employees, added insurance costs provisions for bad debts etc have assumed significance. Analysis of costs , compilation &control has assumed tremendous significance . In view of this , these slides may have to be recasted , aitered ,modified & regrouped presented to facilitate quick & realistic managerial decision making which I proposed to do shortly.
Any incorporated company at the end of the financial year is required to prepare financial statements showing the assets & liabilities, profit or loss for the period, a cash flow statement &get it audited. the audited statements along with the auditor's report & directors report with all schedules is to be submitted to the ROC, shareholders at the annual general meeting, banks, financial institutions, all stakeholders.etc
These statements form the basis of ANALYSIS, WHICH CAN BE (A) VERTICAL ANALYSIS ( B)HORIZONTAL ANALYSIS (C )COMPARITIVE STATEMENTS (D)COST ANALYSIS (E)CASH FLOW ANALYSIS AND SO ON 'The main feature of these analyses will be explained with illustrative examples
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
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PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
2. Introduction
The Factories Act, is a social legislation which has been enacted for occupational
safety, health and welfare of workers at work places.
Applicability: It applies to factories covered under the Factories Act, 1948.
Background:
In India the first Factories Act was passed in 1881. This Act was basically
designed to protect children and to provide few measures for health and safety
of the workers. This law was applicable to only those factories, which employed
100 or more workers.
In 1891 another factories Act was passed which extended to the factories
employing 50 or more workers.
On the basis of the recommendations of the Factory Labour Commission, more
comprehensive Law was introduced in 1911, which got amended in 1923, 1926
and 1931
With the amendments made by Royal Commission of Labour (1931),
Comprehensive Factory Act, 1934 was introduced.
Following recommendations of the Rage Committee, the Govt. of India enacted
Factories Act, 1948
3. CONSISTS OF 120 SECTIONS ;
8 CHAPTERS, 3 SCHEDULES
THE ACT IN BRIEF
CHAP-1 DEFINITIONS,LICENCING ,REGN & OCCUPIER
2 Authorities under the act
3 Health & cleanliness
4 machinery
5 Hazardous process
6 welfare
7 Working hours for adults etc
8 Leave , misc . provisions , penalties & fines
4. Definitions
The term “Factory” under Section 2(m) of the act means :
Any premises in which 10 or more workers are employed and are engaged in
manufacturing process being carried on with the aid of power or
Any premises in which 20 or more workers are employed in manufacturing process being
carried out without the aid of power
The term “Power” under Section 2(g) of the act means not only electrical energy
but also any other form of energy, which is mechanically transmitted, but is not
generated by human or animal energy
The term “Manufacturing Process” under Section 2(K) of the act means :
Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing or otherwise treating or adapting any article or substance with
a view to its use, sale, transport, delivery or disposal; or
Pumping oil, water, sewage or any other substance; or
Generating, transforming or transmitting power; or
Composing types for printing, by letter press, litho-graphy or other similar processes; or
Constructing, reconstructing, repairing, refitting or breaking up ships or vessels; or
Preserving or storing any article in cold storage
5. Definitions
Factory does not include a mine, a mobile unit belonging to the armed forces of the
union, a railway running shed or a hotel, restaurant or eating place
The following have held to be a factory:-
Salt works
A shed for ginning and pressing of cotton
A Bidi making shed
A Railway Workshop
Composing work for Letter Press Printing
Saw Mills
Place for preparation of foodstuff and other eatables
Water works maintained by a municipality
Electricity department of municipality
The term “Worker” under Section 2(I) of the act means a person employed
(Directly or through any agency including a contractor), with or without the
knowledge of principal employer, whether for remuneration or not in any
manufacturing or not in manufacturing process, but does not include any member
of the armed forces of the Union
7. Occupier
The term “Occupier” under Section 2(n) of the act means the person who has
ultimate control over the affairs of the factory; and
In case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the Occupier
In case of a company, any one of the directors shall be deemed to be the
occupier
In case of a factory owned or controlled by the Central govt. or state govt. or
any local authority, the person/s appointed to manage the affairs of the factory
shall be deemed to be the occupier.
8. Factory Inspectorate
As per Section 6 and Rule 3, the plans of a factory has to be approved by Chief
Inspector of Factories.
Occupier or manager of a factory has to apply for registration & get the licence from
Chief Inspector of Factories.
As per Section 6 and Rules 5 to 13, the licence so granted may be amended,
renewed, revoked or suspended in accordance with the rules framed under the act.
As per Section 9, Inspector appointed under this Act can any time enter the factory
To carry out duties as laid down under Section 9(b) and (c);
To ensure that statutory provisions and rules framed are carried out properly;
To launch prosecutions against factory owners under the provision of Chapter X
of the act.
9. Hours of Work
The main restrictive provisions of the Act about the working hours of Adults are:
Section 51- A worker can not be employed for more than 48 hours in a week
Section 52- A holiday must be given in every week
Section 53- Compensatory holidays in case of missing of weekly holiday
Section 54- A worker can not be employed for more than 9 hours a day
Section 55- A worker must be given an interval of rest of at least half an hour
after 5 hours of work
Section 56- The total period of work, inclusive of rest interval, must not be
spread over more than 10 ½ hours a day
Section 59- If a worker works for more than 9 hours a day or more than 48
hours a week, he shall be paid for overtime @ twice the regular wage
10. Hours of Work
In case of any exemption, under Section 64, the state government shall not exceed
the following limits of work, inclusive of over-time
The total no. of hours of work in any day shall not exceed 10
The spread over, inclusive of the interval of rest, shall not exceed 12 houra in any day
The total no. of hours in a week, including over time shall not exceed 60
The total no. of hours of over time shall not exceed 50 in any quarter
The main restrictive provisions of the Act about women & children employment
under Section 66 to 71 are:
A woman worker can not be employed except between the hours of 6 a.m. to 7. p.m.
The employment of child below 14 yrs is strictly prohibited
A child between 14 to 15 yrs of age can be employed for a maximum period of 4 ½ hours
in a day
A child can not be employed during night (From 10 p.m. to 6 a.m.)
A child worker must have fitness certificate granted by a Certifying Surgeon
A child between age of 15 to 18 yrs, having fitness certificate to perform full days work
can be employed as an adult
11. Annual Leave with Wages
The main provisions of the Act about the grant of annual leave with wages under
Section 79 are:
A worker shall be allowed in every calendar year, annual leave with wages @ 1 day for
every 20 days of work performed by him during the previous calendar year
In case of child worker, annual leave with wages @ 1 day for every 15 days of work
performed
Leave can be accumulated upto 30 days in case of an adult or 40 days in case of a child
The leave admissible will be exclusive of all holidays, occurring during, or at either end of
the leave period
Wages for leave allowed shall be paid before the leave begins
In case of a worker who is discharged or dismissed from service, quits or dies while in
service, he or his heir or nominees must be paid wages in lieu of annual leave.
In such case, the annual leave is to be calculated at the same rate as above but
irrespective of whether the worker has worked for 240 days or not.
12. Obligations of a Worker
Under Section 111, various obligations of a worker are:
A worker shall not interfere with or misuse any appliance or other thing provided for the
purpose of securing the health, safety or welfare of the workers.
A worker shall not willfully and without reasonable cause do anything likely to endanger
himself or others
A worker shall not willfully neglect to make use of any appliance or other thing provided
for the purpose of securing the health or safety of the workers.
On contravention of above provisions, the worker shall be punishable with
imprisonment upto 3 months, or with fine upto Rs. 100 or with both
13. Obligations of Occupier
Obtain government approval regarding location, plan and construction of the factory
an also licence and registration certificate for operating the factory
Implement all provisions concerning health, safety and welfare
Send a detailed written notice 15 days in advance to Chief Inspector before
occupying any premises as a factory.
Comply all statutory requirements pertaining to hours of work, leave with wages,
weekly holidays and extra wages for overtime
Display notice, maintain registers and records and submit returns as required under
the Act
Report fatal and other accidents, and occupational disease contracted by any
workman, to the government or specified authority
14. Administrative Machinery
The Factories Act, is the most comprehensive piece of labour legislation
Though it is a piece of central legislation, the responsibility for administration of the
Act rests with the State Governments who administer it through their own factory
inspectorates.
The state government appoint appropriately qualified persons as inspectors/
certifying surgeons. In addition, every district Magistrate is the inspector for his
district
Uniformity in the administration of the Act is achieved by the model rules framed by
the Directorate General of Factory Advice Service & Labour Institutes (DGFASALI)
15. OFFENCES PENALTIES
For contravention of the Provisions of the Act
or Rules
Imprisonment up to 2 years or fine up to
Rs.1,00,000 or both
On Continuation of contravention Rs.1000 per day
On contravention of Chapter IV pertaining to
safety or dangerous operations.
Not less than Rs.25000 in case of death.
Subsequent contravention of some provisions Not less than Rs.5000 in case of serious
injuries.
Obstructing Inspectors Imprisonment up to 3 years or fine not less
than Rs.10,000 which may extend to
Rs.2,00,000.
Wrongful disclosing result pertaining to
results of analysis.
Imprisonment up to 6 months or fine up to
Rs.10,000 or both.
For contravention of the provisions of
Sec.41B, 41C and 41H pertaining to
compulsory disclosure of information by
occupier, specific responsibility of occupier or
right of workers to work imminent danger.
Imprisonment up to 7 years with fine up to
Rs.2,00,000 and on continuation fine @ Rs.5,
000 per day.
Imprisonment of 10 years when
contravention continues for one year.
16. Case Laws
1) Sun-cured tobacco leaves are subjected to processes of moistening, stripping,
breaking up, adaptation, packing, and so on, with a view to transporting them to the
company's main factory for their use in manufacturing cigarettes. Does it amount to
a `manufacturing process' under the Factories Act, 1948?
It amounts to a manufacturing process defined in Section 2 (k) of the Factories Act,
1948
2) Mohan meets with an accident on a public road on his way to the place of
employment. Does it amount to `employment injury' entitling him to benefits under
the Employees' State Insurance Act, 1948?
Mohan is not entitled to benefits under the Act. The Supreme Court, in Regional
Director ESI vs Francis de Costa, held that was road accident on a public road while
the employee was on his way to the place of employment. It cannot be said to have
its origin in his employment in the factory. It cannot be said to be caused by an
accident out of and in the course of employment.
This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi