The Factories Act, 1948 outlines various provisions to ensure worker safety and welfare in factories. Key points include:
- A factory is defined as any premises with 10 or more power-driven workers or 20 or more non-power driven workers engaged in manufacturing.
- The Act aims to protect workers from industrial and occupational hazards through obligations on owners/occupiers regarding worker health, safety and employment conditions.
- Extensive provisions cover cleanliness, ventilation, lighting, drinking water, latrines, safety of machinery, hazardous processes, welfare facilities like canteens, creches, first aid and more.
- The Act is administered through inspectors appointed by State Governments who monitor and enforce compliance with
The document summarizes key provisions of the Factories Act of 1948 in India. It defines what constitutes a factory based on the number of employees. The objective of the Act is to protect workers' health and safety. A factory needs approval and must be registered and licensed. The occupier is responsible for workers' health, safety and welfare. Inspectors have powers to enter premises and examine compliance. Provisions relate to cleanliness, ventilation, lighting, drinking water, and safeguarding of machinery. The Act aims to regulate factories to promote workers' welfare.
The document summarizes key provisions of the Factories Act of 1948 in India. It defines what constitutes a factory according to the act, outlines the objectives of ensuring worker safety and health, and discusses applicability. It also defines important terms like worker, occupier, manufacturing process. The document then covers provisions around approvals, notices, duties of occupiers, inspectors, certifying surgeons. It discusses the various health, safety and welfare requirements the act mandates for factories, including cleanliness, ventilation, lighting, drinking water, latrines, washing facilities, first aid and more.
The Factories Act of 1948 aims to protect the health, safety and welfare of factory workers in India by imposing obligations on factory owners regarding issues like cleanliness, ventilation, lighting, drinking water and more. It defines terms like factory, worker, occupier and manufacturing process. The Act gives powers to inspectors to ensure its provisions are followed.
The Factories Act of 1948 aims to protect workers in factories from industrial and occupational hazards. It defines what constitutes a factory and sets requirements around health, safety, cleanliness and other working conditions. Key aspects include regulations around machinery safety, ventilation, lighting, drinking water, sanitation facilities and protection of vulnerable groups like women, children and adolescents. The Act establishes an inspectorate to enforce compliance with its provisions.
The Factories Act of 1948 outlines regulations for occupational safety, health and welfare of workers in factories. Some key points include:
- A factory is defined as any premises with 10 or more power-driven workers or 20 or more non-power driven workers engaged in manufacturing.
- The Act aims to protect workers from industrial hazards by imposing obligations on factory owners regarding worker safety and health conditions.
- It provides guidelines for facilities like cleanliness, ventilation, lighting, drinking water, latrines, and welfare provisions such as canteens and rest areas.
- Machinery and equipment safety is an important aspect, requiring guards on moving parts and restrictions on young workers operating dangerous machines.
The Factories Act of 1948 outlines regulations for occupational safety, health and welfare of workers in factories. A factory is defined as any premises with 10 or more power-driven workers or 20 or more non-power-driven workers engaged in manufacturing. The Act aims to protect workers from industrial and occupational hazards by imposing obligations on factory owners regarding worker health and safety. It applies to manufacturing processes carried out in any premises, regardless of the number of employees. The Act covers definitions, approvals and registrations for factories, duties of occupiers, powers of inspectors, provisions around health, safety, welfare, hazardous processes and emergency exits in case of fire.
This document outlines key definitions and provisions related to occupational health and safety under the Factories Act. It defines what constitutes a factory, the objectives of the Act to protect worker health and safety, and definitions of terms like adult, child, manufacturing process, occupier and inspector. It describes obligations of occupiers to ensure worker welfare and notify authorities. It also covers powers of inspectors and medical officers. Specific provisions address cleanliness, ventilation, lighting, drinking water, emergencies, and safeguarding of machinery. The document provides an overview of the Act's focus on maintaining a safe working environment.
The Factories Act of 1948 aims to regulate labor in factories and ensure adequate safety and welfare measures for workers. Some key provisions include requiring factories to provide clean drinking water, sanitation facilities, first aid, and safety measures around machinery. The Act also limits the hours adults can work and restricts employment of children. Factories must obtain approval and be registered with the state government. Authorized inspectors have powers to enter premises and ensure compliance with the Act.
The document summarizes key provisions of the Factories Act of 1948 in India. It defines what constitutes a factory based on the number of employees. The objective of the Act is to protect workers' health and safety. A factory needs approval and must be registered and licensed. The occupier is responsible for workers' health, safety and welfare. Inspectors have powers to enter premises and examine compliance. Provisions relate to cleanliness, ventilation, lighting, drinking water, and safeguarding of machinery. The Act aims to regulate factories to promote workers' welfare.
The document summarizes key provisions of the Factories Act of 1948 in India. It defines what constitutes a factory according to the act, outlines the objectives of ensuring worker safety and health, and discusses applicability. It also defines important terms like worker, occupier, manufacturing process. The document then covers provisions around approvals, notices, duties of occupiers, inspectors, certifying surgeons. It discusses the various health, safety and welfare requirements the act mandates for factories, including cleanliness, ventilation, lighting, drinking water, latrines, washing facilities, first aid and more.
The Factories Act of 1948 aims to protect the health, safety and welfare of factory workers in India by imposing obligations on factory owners regarding issues like cleanliness, ventilation, lighting, drinking water and more. It defines terms like factory, worker, occupier and manufacturing process. The Act gives powers to inspectors to ensure its provisions are followed.
The Factories Act of 1948 aims to protect workers in factories from industrial and occupational hazards. It defines what constitutes a factory and sets requirements around health, safety, cleanliness and other working conditions. Key aspects include regulations around machinery safety, ventilation, lighting, drinking water, sanitation facilities and protection of vulnerable groups like women, children and adolescents. The Act establishes an inspectorate to enforce compliance with its provisions.
The Factories Act of 1948 outlines regulations for occupational safety, health and welfare of workers in factories. Some key points include:
- A factory is defined as any premises with 10 or more power-driven workers or 20 or more non-power driven workers engaged in manufacturing.
- The Act aims to protect workers from industrial hazards by imposing obligations on factory owners regarding worker safety and health conditions.
- It provides guidelines for facilities like cleanliness, ventilation, lighting, drinking water, latrines, and welfare provisions such as canteens and rest areas.
- Machinery and equipment safety is an important aspect, requiring guards on moving parts and restrictions on young workers operating dangerous machines.
The Factories Act of 1948 outlines regulations for occupational safety, health and welfare of workers in factories. A factory is defined as any premises with 10 or more power-driven workers or 20 or more non-power-driven workers engaged in manufacturing. The Act aims to protect workers from industrial and occupational hazards by imposing obligations on factory owners regarding worker health and safety. It applies to manufacturing processes carried out in any premises, regardless of the number of employees. The Act covers definitions, approvals and registrations for factories, duties of occupiers, powers of inspectors, provisions around health, safety, welfare, hazardous processes and emergency exits in case of fire.
This document outlines key definitions and provisions related to occupational health and safety under the Factories Act. It defines what constitutes a factory, the objectives of the Act to protect worker health and safety, and definitions of terms like adult, child, manufacturing process, occupier and inspector. It describes obligations of occupiers to ensure worker welfare and notify authorities. It also covers powers of inspectors and medical officers. Specific provisions address cleanliness, ventilation, lighting, drinking water, emergencies, and safeguarding of machinery. The document provides an overview of the Act's focus on maintaining a safe working environment.
The Factories Act of 1948 aims to regulate labor in factories and ensure adequate safety and welfare measures for workers. Some key provisions include requiring factories to provide clean drinking water, sanitation facilities, first aid, and safety measures around machinery. The Act also limits the hours adults can work and restricts employment of children. Factories must obtain approval and be registered with the state government. Authorized inspectors have powers to enter premises and ensure compliance with the Act.
This document provides an overview of the key aspects of the Factory Act of 1948 in India. It defines what constitutes a factory and outlines the objectives of the act, which are to protect workers' health, safety, and welfare. It discusses definitions, provisions around health such as cleanliness, ventilation, and drinking water. It also covers welfare facilities, safety measures, restrictions on employing children and young persons, and definitions of important terms. The Factory Act of 1948 aimed to improve working conditions and reduce hazards for Indian factory workers.
The Factories Act of 1948 regulates working conditions in factories in India. Its key objectives are to ensure minimum requirements for worker safety, health and welfare. It defines a factory and manufacturing process. It sets rules for working hours, leave, holidays and the employment of women, children and young persons. The Act establishes inspection staff to enforce its provisions and appointing certifying surgeons. It outlines obligations of employers regarding health, safety, welfare and working conditions and obligations of workers regarding health and safety.
The presentation is about factory act 1948. Here you will get all the information regarding Factory act 1948. The meaning, definition, provision of factory act 1948 regarding health and welfare of the workers and penalty procedure. Hope it will be informative for every one.
The document summarizes the Factories Act in India. Some key points:
- The Factories Act was first enacted in 1881 in India to regulate working conditions in factories and was comprehensively updated after independence in 1948.
- It aims to ensure worker health, safety and welfare and prevent haphazard factory growth.
- It covers factories and defines terms like adult, child, hazardous processes.
- Occupiers have responsibilities for worker health, safety and welfare. Inspectors are appointed to enforce the law.
- Provisions relate to issues like health, safety, welfare, hazardous processes, working hours and leave. Contraventions can face penalties like fines or imprisonment.
The document provides an overview of the Factories Act of 1948 in India. Some key points:
- The Act was passed to regulate working conditions and safety in factories, particularly for women and children. It addresses issues like working hours, holidays, health, safety, welfare, hazardous processes and more.
- It defines terms like "factory", "worker", and outlines what types of premises fall under the scope of the Act. A factory needs approval and licensing by meeting various criteria.
- The Act provides for the appointment of inspectors to enforce its provisions. It also lays out regulations around cleanliness, ventilation, lighting, drinking water, conservancy and other health and safety measures factories must comply with.
This document summarizes the key aspects of the Factories Act of 1948 in India. It began with a brief history of factory regulations in India starting in the late 18th century when many women and children worked long hours in unsafe conditions. The Act was first introduced in 1819 and revised over time, with the current version from 1948. The objective of the 1948 Act is to ensure worker health, safety and welfare. It defines terms like "factory," "worker," and sets duties for occupiers to maintain safety. It also establishes roles like welfare and safety officers. Penalties are outlined for violations and inspectors are given investigation powers to enforce the Act.
The document provides information on key aspects of The Factories Act, 1948 in India. It defines what constitutes a factory, the objective of the Act which is to protect workers' health and safety. It discusses applicability, definitions of terms like worker, manufacturing process, occupier. It also summarizes provisions around approval and registration of factories, general duties of occupiers, inspecting staff, health provisions around cleanliness, ventilation, lighting, drinking water and more. Finally, it briefly outlines the chapters on safety of workers covering machinery safety, dangerous machines, hoists and lifts, floors and more.
This document provides an overview of key sections of the Factories Act of 1948 in India. It begins with definitions of terms like adult, child, factory, and manufacturing process. It describes the roles of inspectors in enforcing the act. It then summarizes various chapters concerning health and safety of workers, including requirements for cleanliness, disposal of waste, ventilation, dust control, limits on overcrowding, and lighting. The overall purpose of the act is to regulate factories and protect workers from industrial and occupational hazards.
The document provides an overview of key sections and definitions within the Factories Act of 1948 in India. It discusses definitions such as what constitutes a factory, adult, child, hazardous process and more. It outlines obligations of workers and their rights. It describes the roles and powers of inspectors appointed to enforce the Act. The purpose of the Act is to regulate factories and protect workers' health, safety and welfare.
The document summarizes key aspects of the Factories Act of 1948 in India. It outlines the origins of factory acts dating back to 1881 aimed at protecting workers' health and safety. The 1948 Act expanded the definition of a factory and strengthened provisions around child labor, working hours, health, safety and welfare of all workers. It defines key terms like factory, worker, occupier and manufacturing process. It also describes the various provisions in the Act related to cleanliness, ventilation, lighting, drinking water, latrines and welfare measures like washing facilities, clothing storage, first aid and sitting arrangements.
The document discusses key provisions of the Factories Act of 1948 in India. It was established to regulate working conditions and protect the welfare of factory workers. Some key points:
- It sets limits on working hours, especially for women and children, and requires overtime pay. Annual leave, drinking water, sanitation and safety measures are also mandated.
- Hazardous processes and machinery must meet safety standards. Young or women workers cannot perform dangerous jobs. Accidents and injuries are to be prevented.
- Provisions around welfare aim to improve conditions, including requirements for first aid, canteens, creches, shelters and welfare officers depending on the number of employees.
- Over time, the Act
The Contract Labour (Regulation and Abolition) Act, 1970 aims to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances. It applies to establishments employing 20 or more contract labourers. It provides for licensing of contractors and establishes welfare and health facilities for contract workers. Principal employers are responsible for ensuring compliance and can be penalized for violations. The Act is administered through registering officers, licensing officers and inspectors appointed by state governments.
The document summarizes the key aspects of the Factory Act of 1948 in India. The major objectives of the act are to protect laborers from long work hours and ensure healthy, sanitary and safe working conditions. It applies to all factories employing 10 or more workers with power or 20 or more without power. The act mandates various health, safety and welfare measures for workers, including provisions for cleanliness, ventilation, drinking water, latrines, safety of machinery, and welfare facilities like canteens and crèches. It requires factories to be licensed and provides for regular inspections by industrial inspectors.
This document summarizes the key provisions of the Factories Act of 1934 in Pakistan. It outlines definitions such as what constitutes a factory, worker, and inspector. It describes the powers of inspectors to regulate factories. It also outlines provisions around working hours and holidays for adult workers, children, and women. Overtime pay and leave policies are also summarized. The purpose of the Factories Act is to regulate working conditions and protect the rights of workers in factories across Pakistan.
The Factories Act, 1948 outlines regulations for factories in India. A factory is defined as a premises with 10 or more workers if power is used, or 20 or more workers if power is not used. The Act aims to protect worker health and safety. It applies to places with manufacturing processes, regardless of the number of employees. The Act defines key terms, sets requirements for approvals, notifications, and inspections. It also establishes provisions related to worker welfare, health, safety, working hours and holidays.
The Factories Act of 1948 aims to regulate labor in factories and ensure adequate safety and welfare measures for workers. It covers factories employing 10 or more workers with power and 20 or more without power. Key provisions include requirements for factory approval and licensing, health and safety standards, working hours and leave, and provisions specific to women and young workers. The Act has been amended over time, including additional provisions in 1987 following the Bhopal gas tragedy, to improve safety in hazardous processes.
The Factories Act, 1948 was enacted to regulate labour in factories and ensure adequate safety, health and welfare measures for workers. The key objectives of the Act include regulating working hours and providing leave, as well as implementing provisions around health, safety, welfare and special protections for women and young workers. The Act defines terms like "factory", "manufacturing process" and "worker". It outlines requirements for approval and licensing of factories and covers aspects such as cleanliness, ventilation, lighting, drinking water, conservancy and safety guards for machinery.
The document discusses the Factories Act of 1948 in India. It defines a factory as premises with 10 or more power-using workers or 20 or more non-power using workers. The Act was passed to ensure worker health, safety, and welfare through provisions on cleanliness, machinery safety, welfare amenities, and more. It establishes roles like the occupier responsible for the factory, inspectors to examine premises, and certifying surgeons to oversee health issues. The Act regulates all factories meeting the worker thresholds.
Articles 15 and 16 of the Indian Constitution prohibit discrimination on the basis of religion, race, caste, sex or place of birth. Article 15 guarantees equality of status and opportunity and prohibits discrimination by the state. It restricts discrimination in the use of shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, roads and places of public resort maintained wholly or partly out of state funds. Article 16 guarantees equality of opportunity in matters relating to employment or appointment to any office under the state. It prohibits discrimination in employment in the government sector on the grounds of religion, race, caste, sex, descent, place of birth or residence.
The document discusses the nature of the Indian constitution. It notes that the Indian federalism is unique and tailored to India's needs, with a permanent union and cooperative central and state governments. It defines federalism as balancing central and regional power distribution. The constitution was devised to provide a strong central government to prevent disintegration, drawing from various foreign constitutions. While debated, the judiciary now recognizes India's federal structure with a strong center intended by the framers. Key features of the Indian constitution discussed include the preamble, fundamental rights and duties, parliamentary system, and basic structure doctrine.
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This document provides an overview of the key aspects of the Factory Act of 1948 in India. It defines what constitutes a factory and outlines the objectives of the act, which are to protect workers' health, safety, and welfare. It discusses definitions, provisions around health such as cleanliness, ventilation, and drinking water. It also covers welfare facilities, safety measures, restrictions on employing children and young persons, and definitions of important terms. The Factory Act of 1948 aimed to improve working conditions and reduce hazards for Indian factory workers.
The Factories Act of 1948 regulates working conditions in factories in India. Its key objectives are to ensure minimum requirements for worker safety, health and welfare. It defines a factory and manufacturing process. It sets rules for working hours, leave, holidays and the employment of women, children and young persons. The Act establishes inspection staff to enforce its provisions and appointing certifying surgeons. It outlines obligations of employers regarding health, safety, welfare and working conditions and obligations of workers regarding health and safety.
The presentation is about factory act 1948. Here you will get all the information regarding Factory act 1948. The meaning, definition, provision of factory act 1948 regarding health and welfare of the workers and penalty procedure. Hope it will be informative for every one.
The document summarizes the Factories Act in India. Some key points:
- The Factories Act was first enacted in 1881 in India to regulate working conditions in factories and was comprehensively updated after independence in 1948.
- It aims to ensure worker health, safety and welfare and prevent haphazard factory growth.
- It covers factories and defines terms like adult, child, hazardous processes.
- Occupiers have responsibilities for worker health, safety and welfare. Inspectors are appointed to enforce the law.
- Provisions relate to issues like health, safety, welfare, hazardous processes, working hours and leave. Contraventions can face penalties like fines or imprisonment.
The document provides an overview of the Factories Act of 1948 in India. Some key points:
- The Act was passed to regulate working conditions and safety in factories, particularly for women and children. It addresses issues like working hours, holidays, health, safety, welfare, hazardous processes and more.
- It defines terms like "factory", "worker", and outlines what types of premises fall under the scope of the Act. A factory needs approval and licensing by meeting various criteria.
- The Act provides for the appointment of inspectors to enforce its provisions. It also lays out regulations around cleanliness, ventilation, lighting, drinking water, conservancy and other health and safety measures factories must comply with.
This document summarizes the key aspects of the Factories Act of 1948 in India. It began with a brief history of factory regulations in India starting in the late 18th century when many women and children worked long hours in unsafe conditions. The Act was first introduced in 1819 and revised over time, with the current version from 1948. The objective of the 1948 Act is to ensure worker health, safety and welfare. It defines terms like "factory," "worker," and sets duties for occupiers to maintain safety. It also establishes roles like welfare and safety officers. Penalties are outlined for violations and inspectors are given investigation powers to enforce the Act.
The document provides information on key aspects of The Factories Act, 1948 in India. It defines what constitutes a factory, the objective of the Act which is to protect workers' health and safety. It discusses applicability, definitions of terms like worker, manufacturing process, occupier. It also summarizes provisions around approval and registration of factories, general duties of occupiers, inspecting staff, health provisions around cleanliness, ventilation, lighting, drinking water and more. Finally, it briefly outlines the chapters on safety of workers covering machinery safety, dangerous machines, hoists and lifts, floors and more.
This document provides an overview of key sections of the Factories Act of 1948 in India. It begins with definitions of terms like adult, child, factory, and manufacturing process. It describes the roles of inspectors in enforcing the act. It then summarizes various chapters concerning health and safety of workers, including requirements for cleanliness, disposal of waste, ventilation, dust control, limits on overcrowding, and lighting. The overall purpose of the act is to regulate factories and protect workers from industrial and occupational hazards.
The document provides an overview of key sections and definitions within the Factories Act of 1948 in India. It discusses definitions such as what constitutes a factory, adult, child, hazardous process and more. It outlines obligations of workers and their rights. It describes the roles and powers of inspectors appointed to enforce the Act. The purpose of the Act is to regulate factories and protect workers' health, safety and welfare.
The document summarizes key aspects of the Factories Act of 1948 in India. It outlines the origins of factory acts dating back to 1881 aimed at protecting workers' health and safety. The 1948 Act expanded the definition of a factory and strengthened provisions around child labor, working hours, health, safety and welfare of all workers. It defines key terms like factory, worker, occupier and manufacturing process. It also describes the various provisions in the Act related to cleanliness, ventilation, lighting, drinking water, latrines and welfare measures like washing facilities, clothing storage, first aid and sitting arrangements.
The document discusses key provisions of the Factories Act of 1948 in India. It was established to regulate working conditions and protect the welfare of factory workers. Some key points:
- It sets limits on working hours, especially for women and children, and requires overtime pay. Annual leave, drinking water, sanitation and safety measures are also mandated.
- Hazardous processes and machinery must meet safety standards. Young or women workers cannot perform dangerous jobs. Accidents and injuries are to be prevented.
- Provisions around welfare aim to improve conditions, including requirements for first aid, canteens, creches, shelters and welfare officers depending on the number of employees.
- Over time, the Act
The Contract Labour (Regulation and Abolition) Act, 1970 aims to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances. It applies to establishments employing 20 or more contract labourers. It provides for licensing of contractors and establishes welfare and health facilities for contract workers. Principal employers are responsible for ensuring compliance and can be penalized for violations. The Act is administered through registering officers, licensing officers and inspectors appointed by state governments.
The document summarizes the key aspects of the Factory Act of 1948 in India. The major objectives of the act are to protect laborers from long work hours and ensure healthy, sanitary and safe working conditions. It applies to all factories employing 10 or more workers with power or 20 or more without power. The act mandates various health, safety and welfare measures for workers, including provisions for cleanliness, ventilation, drinking water, latrines, safety of machinery, and welfare facilities like canteens and crèches. It requires factories to be licensed and provides for regular inspections by industrial inspectors.
This document summarizes the key provisions of the Factories Act of 1934 in Pakistan. It outlines definitions such as what constitutes a factory, worker, and inspector. It describes the powers of inspectors to regulate factories. It also outlines provisions around working hours and holidays for adult workers, children, and women. Overtime pay and leave policies are also summarized. The purpose of the Factories Act is to regulate working conditions and protect the rights of workers in factories across Pakistan.
The Factories Act, 1948 outlines regulations for factories in India. A factory is defined as a premises with 10 or more workers if power is used, or 20 or more workers if power is not used. The Act aims to protect worker health and safety. It applies to places with manufacturing processes, regardless of the number of employees. The Act defines key terms, sets requirements for approvals, notifications, and inspections. It also establishes provisions related to worker welfare, health, safety, working hours and holidays.
The Factories Act of 1948 aims to regulate labor in factories and ensure adequate safety and welfare measures for workers. It covers factories employing 10 or more workers with power and 20 or more without power. Key provisions include requirements for factory approval and licensing, health and safety standards, working hours and leave, and provisions specific to women and young workers. The Act has been amended over time, including additional provisions in 1987 following the Bhopal gas tragedy, to improve safety in hazardous processes.
The Factories Act, 1948 was enacted to regulate labour in factories and ensure adequate safety, health and welfare measures for workers. The key objectives of the Act include regulating working hours and providing leave, as well as implementing provisions around health, safety, welfare and special protections for women and young workers. The Act defines terms like "factory", "manufacturing process" and "worker". It outlines requirements for approval and licensing of factories and covers aspects such as cleanliness, ventilation, lighting, drinking water, conservancy and safety guards for machinery.
The document discusses the Factories Act of 1948 in India. It defines a factory as premises with 10 or more power-using workers or 20 or more non-power using workers. The Act was passed to ensure worker health, safety, and welfare through provisions on cleanliness, machinery safety, welfare amenities, and more. It establishes roles like the occupier responsible for the factory, inspectors to examine premises, and certifying surgeons to oversee health issues. The Act regulates all factories meeting the worker thresholds.
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Articles 15 and 16 of the Indian Constitution prohibit discrimination on the basis of religion, race, caste, sex or place of birth. Article 15 guarantees equality of status and opportunity and prohibits discrimination by the state. It restricts discrimination in the use of shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, roads and places of public resort maintained wholly or partly out of state funds. Article 16 guarantees equality of opportunity in matters relating to employment or appointment to any office under the state. It prohibits discrimination in employment in the government sector on the grounds of religion, race, caste, sex, descent, place of birth or residence.
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Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
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2. What is a factory?
⚫A premises whereon 10 or more
persons are engaged if power is used, or
20 or more persons are engaged if
power is not used, in a manufacturing
process. [section 2(m)].
3. 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 that purpose, it seeks to impose
upon the owner or the occupier certain
obligations to protect the workers and
to secure for them employment in
conditions conductive to their health
and safety.
4. 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:
⚫The number of persons employed therein is
less than ten, if working with the aid of power
and less than twenty if working without the
aid of power, or
⚫The persons working therein are not
employed by the owner thereof but are
working with the permission of, or under
agreement with, such owner.
5. What is a manufacturing process?
Manufacturing process means any process for-
•
•
•
•
•
•
• (i) 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
(ii) pumping oil, water, sewage or any other substance; or
(iii) generating, transforming or transmitting power; or
(iv)composing types for printing, printing by letter press,
lithography, photogravure or other similar process or book
binding
(v)constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels;
(vi)preserving or storing any article in cold storage.
[section 2(k)].
6. Who is a worker?
⚫A person employed in any
manufacturing process or cleaning or
any work incidental to manufacturing
process.
⚫A person employed, directly or by or
through any agency with or without
knowledge of the principal employer.
⚫Whether for remuneration or not.
⚫Relationship of master & servant
⚫[section 2(l)].
7. Definitions[Sec.2]
• “Adult” means a person who has
completed his eighteenth year of age
• “Adolescent” means a person who has
completed his fifteenth year of age but
has not completed his eighteenth year
• “Child” means a person who has not
completed his fifteenth year of age
• “Young person” means a person who is
either a child or an adolescent
8. Definitions[Sec.2]
•
•
•
•
•
“Day” means a period of twenty-four hours
beginning at midnight;
"week" means a period of seven days beginning at
midnight on Saturday night
“Calendar year” means the period of twelve
months beginning with the first day of January in
any year
“Power” means electrical energy, or any other
form of energy which is mechanically transmitted
and is not generated by human or animal agency;
“Prime mover” means any engine, motor or other
appliance which generates or otherwise provides
power
9. Who is the occupier?
⚫The person who has ultimate control
over the affairs of factory.
⚫It includes a partner in case of firm and
director in case of a company.
⚫In case of Government company,
'occupier' need not be a director. In
that case, person appointed to manage
affairs of the factory shall be occupier.
[section 2(n)].
10. Approval, Licensing &
Registration Of Factories[sec.6]
•
•
•
• Making an application to the Government or Chief
Inspector , along with the duly certified plans and
specifications required by the rules,
Sent to the State Government or Chief Inspectors by
registered post,
And no order is communicated to the applicant
within 3 months from the date on which it is so sent,
the permission deemed to be granted.
If the application is rejected appeal can be made to
the government within 30 days of the date of such
rejection.
11. Notice by Occupier[sec.7]
The occupier shall, at least 15 days before he begins to occupy or
use any premises as a factory, send a notice to the Chief
Inspector containing-
•
•
•
•
•
•
•
•
•
(a) The name and situation of the factory;
(b) The name and address of the occupier;
(c) The name and address of the owner of the premises
(d)The address to which communications relating to the
factory may be sent;
(e) The nature of the manufacturing process;
(f)The total rated horse power installed or to be installed in the
factory;
(g)The name of the manager of the factory for the purposes of
this Act;
(h) The number of workers likely to be employed in the factory;
(i) Such other particulars as may be prescribed
12. General duties of the Occupier
• Occupier shall ensure, the health, safety
and welfare of all workers while they
are at work in the factory.
• Every occupier shall prepare, a written
statement of his general policy with
respect to the health and safety of the
workers.
• Bring such statement and any revision
thereof to the notice of all the workers.
13. The Inspecting Staff[Sec.8]
• State government may appoint Chief
Inspector, Additional Chief Inspectors,
Joint Chief Inspectors, Deputy Chief
Inspectors, and Inspectors.
• Prescribe their duties and
qualifications
• Every District Magistrate shall be an
Inspector for his district
• Every inspector is deemed to be a
public servant within the meaning of
the Indian Penal Code
14. Powers of Inspectors[sec.9]
•
•
•
•
•
•
•
•
Enter factory premises for investigation
Examine the premises
Inquire into any accident or dangerous occurrence
Require the production of any prescribed register or
document
Seize, or take copies of, any register, record or other
document
Take measurements and photographs and make such
recordings
Exercise such other powers as may be prescribed
No person shall be compelled under this section to
answer any question or give any evidence tending to
incriminate himself .
15. Certifying Surgeon[Sec.10]
•
•
•
•
•
•
•
• State Government may appoint qualified medical practitioners
to be certifying surgeons
Duties of surgeons
(a)the examination and certification of young persons under
this Act;
(b)the examination of persons engaged in factories in such
dangerous occupations or processes
(c) supervising the factories where
(i)cases of illness have occurred which are due to the nature of
the manufacturing process or
(ii)due to manufacturing process there is a likelihood of injury
to the health of workers or
(iii)young persons are employed in any work which is likely to
cause injury to their health.
17. Cleanliness[sec.11]
⚫The working conditions should be clean
and safe.
⚫Clean the floor at least once a week by
washing, or by some effective method.
⚫Effective means of drainage shall be
provided.
⚫White wash every 14 weeks
⚫Paint / varnish every 5 years
18. Disposal of wastes and effluents [sec.12]
⚫There should be proper arrangements
or disposal of wastes and effluents.
⚫Follow state govt. rules…
19. Ventilation & Temperature [sec.13]
⚫Proper level of ventilation temperature
and humidity must be maintained.
⚫Make provisions for reducing excess
heat.
20. Dust and fume[sec.14]
• Effective measures should be taken to
prevent inhalation or accumulation of
dust & fume.
• If any exhaust appliance is necessary
for, it shall be applied as near as
possible to the point of origin of the
dust, fume or other impurity.
21. Artificial Humidification[sec.15]
• Factories in which the humidity of the
air is artificially increased(like in textile
units), keep it in limits.
• The water used for artificial
humidification to be clean.
22. Overcrowding[Sec.16]
⚫14.2 cubic metres space per worker.
While calculating this space, space
above the worker beyond 4.2 meters
will not be taken into account.
⚫Notice specifying the maximum
number of workers, which can be
employed in any work room shall be
displayed in the premises.
23. Lighting[Sec17]
⚫Sufficient & suitable lighting in every
part of factory. There should natural
lighting as far as possible.
⚫All glazed windows and skylights used
for the lighting of the workroom shall
be kept clean.
⚫Formation of shadows to such an extent
as to cause eye-strain or the risk of
accident to any worker shall be
prevented.
24. Drinking water[Sec.18]
⚫There should be drinking water
(wholesome water)
⚫Drinking points to be marked as
drinking water. They should be at least
6 meters away from wash room/urinal/
latrine/spittoons.
⚫If >250 workers are working, then have
cool water facility also.
26. Spittoons[Sec.20]
⚫There should be sufficient number of
spittoons.
⚫No person shall spit within the premises
of a factory except in the Spittoons
provided for the purpose
⚫Whoever spits in contravention shall be
punishable with fine not exceeding five
rupees
28. Fencing of Machinery[Sec.21]
⚫Every dangerous parts must be
securely fenced.
⚫The State Government may by rules
prescribe such further precautions.
29. Machines in motions[Sec.22]
⚫Examination of machinery in motion
only by a specially trained adult male
worker wearing tight fitting clothing.
⚫No women or child should be allowed to
work.
30. Employment of young persons on
dangerous machines[Sec.23]
⚫No young person should be allowed to
work on dangerous machines (unless he
has been trained, and is under
supervision).
⚫Young person = 14 to 18.
31. Striking gears[Sec.24]
⚫There should be suitable striking gears
etc. to switch off the power, so that if
there is any emergency, problem can be
solved.
32. Self acting machines[Sec.25]
⚫Make sure that no person should walk
in a space within 45 cm from any fixed
structure which is not a part of
machine.
33. Casing of new machines[Sec.26]
⚫All machinery driven by power &
installed should be so sunk, encased or
otherwise effectively guarded as to
prevent danger.
35. Hoists and lifts[Sec.28]
⚫Every hoist and lift should be in good
condition, and properly checked.
⚫The maximum load it can carry – must be
clearly mentioned.
⚫The gates should be locked by
interlocking / safe method (it should not
open in between).
⚫To be properly examined in every 6
months.
36. Lifting machines, chains, ropes & lifting
tackles[Sec.29]
⚫Cranes & lifting machines, etc. to be of
good construction & to be examined
once in every 12 month.
⚫Cranes and lifting machines not to be
loaded beyond safe working load.
⚫Cranes not to be approach within 6
metres of a place where any person is
employed or working.
38. Pressure plant[Sec.31]
⚫There should be safe working pressure
on pressure plants.
⚫Effective measures should be taken to
ensure that the safe working pressure is
not exceeded.
39. Floors, Stairs etc.[Sec.32]
⚫All floors, steps, stairs, passages &
gangways should be of sound
construction & properly mentioned.
40. Pits, sumps, openings in floors
etc.[Sec.33]
• Pits, sumps etc. should be securely
covered or fenced.
43. Dangerous fumes etc[Sec.36]
⚫Prohibited to employ workers in places
where dangerous gas / fume is present.
⚫Practicable measures should be taken
for removal of gas, fume, etc.
45. Explosive or inflammable dust, gas,
etc.[Sec.37]
• Take all measures for safety and to
prevent explosion on ignition of gas,
fume etc.
46. Precautions in case of fire[Sec.38]
⚫There should be separate exit for cases
of fire.
⚫There should be facilities for
extinguishing fire.
47. Role of inspector[Sec.39,40]
⚫Section 39, 40 and 40A talk about various
roles that have been assigned to the
inspector.
⚫He may call for details regarding building,
machines etc.
49. Power to make rules to
supplement the above
provisions[Sec.41]
⚫The State Government may make rules
requiring the provision in any factory
of such further devices & measures for
securing the safety of persons employed
therein as it may deem necessary.
51. Welfare Issues
⚫Washing facilities(Sec 42)
⚫Facilities for, storing & drying clothes(Sec43)
⚫Facilities for sitting(Sec 44)
⚫First aid appliances(Sec 45)
⚫Canteen( Sec46)
⚫Rest room, shelters, lunch room( Sec 47)
⚫Creches (Sec 48)
⚫Welfare Officers(Sec 49)
⚫Power to make rule(Sec 50)
52. Washing facilities[Sec.42]
⚫There should be washing facilities in
every factory for the workers–separate for
male and female workers-properly
screened.
⚫conveniently accessible and shall be kept
clean.
53. Facility for storing and drying of
clothing[Sec.43]
⚫There should be facility so that worker
can place their cloth not worn during the
manufacturing process.
⚫There should be facility so that worker
can dry their wet cloth.
54. Facilities for sitting[Sec.44]
⚫Suitable arrangements for sitting shall
be provided and maintained for all
workers obliged to work in a standing
position
⚫If the worker can do the work by
sitting, - there should be sitting
arrangement for the worker.
55. First-aid appliances[Sec.45]
⚫There should be at least 1 first aid box
for every 150 workers.
⚫It should have the prescribed contents.
⚫A responsible person should hold a
certificate on first aid treatment.
⚫An ambulance room should be there if
the number of workers is more than
500.
56. Canteen[sec.46]
⚫If the number of workers is more than
250, the govt. may make rules for
canteen.
⚫The govt. may make rules regarding
foodstuff, construction, furniture,
equipment of the canteen.
57. Shelter, rest room, lunch room[Sec.47]
⚫When 150 workers are working, there
should be rest rooms, lunch room, etc.
⚫Such places should be having drinking
water facilities etc.
58. Creches[Sec.48]
⚫If the number of women workers is
more than 30, there should be the
creches.
⚫It should be sufficiently lighted,
ventilated & to be under the charge of
trained women
59. Welfare Officer[Sec.49]
⚫If the number of workers is 500 or
more, there should be a welfare officer
to look after the welfare of the workers.
60. In Nutshell
•
•
•
•
Crèche - > 30 women workers
Restroom / shelters and lunch room - > 150
workmen
Cooled drinking water - > 250 workers
Canteen - > 250 workers
• Ambulance room – Doctor, Nurse and Dresser cum
compounder -
Welfare officer -
> 500 workers
> 500 workers
•
• Lady welfare officer - > more nos. of women workers
61. Working hours Of Adults
⚫Chapter VI
⚫The rule as to the regulation of hours of
work of adult workers in a factory and
holidays.
62. Working Hours
• Sec.51-Weekly hours not more than 48
hours a week
• Sec.52-First day of the week i.e. Sunday
shall be a weekly holiday
• Sec.53-Compensatory holidays
• Where a weekly holiday is denied he
shall be allowed to avail the
compensatory holiday within a month.
63. Working Hours
• Sec.54-Daily working hours- no adult
worker shall be allowed to work in a
factory for more than nine hours in any
day
• Sec.55-Intervals for rest-no worker
shall work for more than 5 hours
before he has had an interval for rest of
at least 1/2 an hour.
• Inspector may increase it upto six
hours.
64. Spread over[sec.56]
• Inclusive of rest intervals they shall not
spread over more than 10-1/2 hours in
any day
• Inspector may increase the spread over
up to 12 hours.
65. Night Shifts[Sec.57]
⚫If shift extends beyond midnight , a
holiday for him will mean a period of
24 hours beginning when his shift
ends.
66. Prohibition Overlapping Shifts[Sec.58]
⚫Work shall not be carried in any
factory by means of system of shifts so
arranged that more than one relay of
workers is engaged in the work of same
kind at the same time.
67. Extra Wages for
Overtime[Sec.59]
⚫If workers work for more than 9 hours
a day or more than 48 hour a week,
extra wages should be given.
⚫Wages at twice the ordinary Rate.
69. Notice of periods of work for Adult
Workers[Sec.61]
⚫Notice to be displayed at some
Conspicuous place.
⚫Periods to be fixed beforehand
⚫Classification of workers-Groups.
⚫Copy of Notice in Duplicate & any
change to be sent to Inspector.
70. Register of Adult Workers[Sec.62,63]
⚫The manager should maintain Register
of Adult workers showing-
- Name
- Nature of work
- The Group etc.
Of each & every Adult Worker in the
factory.
⚫The Register shall be available to the
Inspector at all time during working
hours.
72. Prohibition of employment of young
Children[Sec.67]
⚫No child who has not completed his 14th
year allowed to work in Factory.
73. Non-Adult workers to Carry Tokens
[Sec.68]
A child who has completed his 14th year
may be allowed to work in factory if:-
• a) a certificate of fitness for such work
is in custody of manager of factory.
• b) Such child or adolescent carries , a
token giving a reference to such
Certificate.
74. Certificate of fitness
• Is a certificate issued by a certifying surgeon
after examining him & ascertaining his
fitness for work in factory.
• Valid for 12 Months.
• Revocation of Certificate by surgeon , if child
is no longer fit.
• Fee payable by Employer:-Fee & Renewable
Fee
• Effect of Certificate of Fitness:-deemed to be
an adult for the purpose of hours of work.
75. Working Hours for Young
persons[Sec.71,72]
⚫Working Hours limited to 4-1/2
⚫Not during Nights.
⚫Period of work limited to 2 shifts.
⚫Entitled to weekly Holidays.
⚫Female to work only between 6am to 7
pm.
⚫Fixation of periods of work beforehand.
76. Register of Young persons
• The manager should maintain Register of
Adult workers showing-
• -Name
• -Nature of work
• -The Group etc.
• Of each & every Adult Worker in the factory.
• The Register shall be available to the
Inspector at all time during working hours.
77. Power to require Medical
Examination[Sec.73]
Inspector has the power to direct
manager to have medical examination
of young persons working in case-
• Young Persons working without
License.
• They no longer seem to be Fit.
78. Employment of Women
• Prohibition of women workers at night
shift
• Women shall not be allowed to work in
any factory except between the hours of
6 A.M. and 7 P.M..
• The inspector may relax this norm but
prohibited between 10 P.M. and 5 A.M.
• Working hours not more than-weekly
48 hours & daily 9 hours
79. Annual Leave with Wages[Sec.78-
84(Chapter- VIII)]
• Rules:
1) Leave Entitlement-
One day for every 20/15 days of work performed in
case of adult/Child who has worked for period of 240
days.
2) Computation of Period of 240 days-
The days of lay-off, maternity leave not exceeding 12
weeks,& earned leave in previous year should be
included.
3)Discharge, Dismissal , Superannuation ,death ,
quitting of employment-
He , his heir , nominee as the case may be entitled to
wages.
80. 4) Treatment of Fraction of Leave:-
Half day or more is treated as full while less than half is
omitted.
5) Treatment of Un-availed leave:
Should be carried – forward to next calendar year but shall
not exceed 30 in case of an adult & 40 in case of child.
6)Application for leave to be made in writing within
specified time.
7)Scheme for grant of leave.
8)Display of Scheme for grant of leave.
9)Refusal of leave to be in accordance with Scheme
10)Payment of wages to worker for leave period if he
is discharged or if he quits service.
81. Wages during leave period[sec.80]
⚫Worker is entitled to wages at a rate
equal to the daily average of his total
full time earnings for the days on which
he actually worked during the month
immediately proceeding his leave.
83. General Penalty for Offences [Sec.92]
⚫If there is any contravention of any of
the provisions of the act, the Occupier
& Manager each shall be Guilty &
punishable with
⚫Imprisonment for a term upto 2 years.
⚫ with a fine upto Rs.100000
⚫or with Both.
84. ⚫[Sec.93] further extends, if the
contravention under section 92 continued
after conviction ,they(Manager& Occupier)
shall be punishable with further fine which
may extend to Rs. 1000 for each day on
which contravention is so continued.
85. Enhanced Penalty after
Conviction[Sec.94]
⚫ If a person convicted of any offence punishable
under Sec 92, is again guilty involving contravention
of same provision ,he shall be punishable with
⚫ Imprisonment for a term which may extend to 3
years.
⚫ Or fine which shall not be less than 10000
⚫ Or both.
⚫ If any contravention of provision relating to safety,
has resulted in an accident causing death /serious
bodily injury,Fine shall not be less than
Rs.35000/Rs.10000
86. Cognizance of Offences[sec.105]
⚫No court shall take cognizance of any offence
under this act except on a complaint by or
with the previous section in writing of an
Inspector.
⚫The complaint shall be filed within 3 months
of the date on which offence comes to the
knowledge of an Inspector. But it can be six
months , if offence consists of disobeying a
written order made by an Inspector.
87. Appeal[Sec.107]
⚫The manager of the Factory or the
Occupier on whom an order in writing
by an inspector has been served,
within 30 days of the notice, can
appeal against it to the prescribed
Authority.
88. Display of Notices[Sec.108]
⚫A notice containing Abstracts of this
Act & the rules made thereunder and
also the name & address of the
Inspector and the certifying surgeon.
⚫Shall be in English& Language
Understood by the majority of the
workers.
⚫Convenient Places or near main
Enterance.
89. Returns[Sec.110]
⚫The State Govt. may make rules
requiring Owner , Occupier, Manager
of factories to submit Returns as may
be required.
90. Power to make rules & give
directions[Sec.112,113,115]
⚫(Sec 112) The State Govt. may make rules
providing for any matter which may be
discovered expedient In order to give effect to
the purposes of the act.
⚫(Sec 113) The central Govt. may also give
directions to the State Govt. as to carrying to
the execution of the provisions of the act.
⚫(Sec 115) provides for the publication of the
rules made under the act in the official
Gazette.
91. Restriction on Disclosure of
Information[Sec.118-A]
⚫ Every Inspector shall treat as
confidential the source of any
complaint brought to his notice on the
breach of any provision of this act.
Further he shall not disclose to
manager or occupier that the inspection
is made in pursuance of the receipt of
complaint.