This handy work contains the full amended text of the following along with useful, crisp notes on caselaw on the subject. Registration and licensing as under factories act 1948. Factories act, 1948 bare acts law library advocatekhoj. The act requires that workers should work in healthy and sanitary conditions and for that.
The factories act 1961 is an act of the parliament of the united kingdom. Factories act is one of the earliest labour welfare legislations. Jun 06, 2011 we have filed cases under sections 7 a 1 and 41 of factories act 1948 and ap factories rules 1950, bala kishore told pti. The factories act, 1948, mandates that a worker, who is otherwise entitled to a weekly holiday, shall not be allowed to work in a factory for more than 48 hours in a week. At the time of its passage, the act consolidated much legislation on workplace health, safety and welfare in great britain. Employees, state insurance act, 1948, trade unions act, 1926. Statutory compliance how to get started i am a hr fresher.
Full name of the factory and its licence number, if already registered. According to two senior officials in the know of the matter, a proposal is under active consideration to amend the factories act of 1948. According to sec 2m, factory means any premises including the precincts thereof. Any inspectorate of factories issue letters or notices to factories in their states based on concerned state factory rules. Power to declare different departments to be separate factories or two or more factories to be a single factory 12 5. C needs to be given atleast half an hour break after continuous 5 hours of work. The act of 1948 not only consolidates but also amends the law regulating labour in factories. The factory factory act,194 act, 1948 8 introductio n the 1st factory act was passed in 1881,in 1881,in response to the demands of workers working in mills.
Minimum wages act, 1948 11 of 1948 an act to provide for fixing minimum rates of wages in certain employments. Each of the words in the definition has got independent meaning which itself constitutes manufacturing process. Factories act, 1948 arrangement of sections section page chapter i preliminary 1. A further act in 1870 repealed these acts and brought the ancillary textile processes including outdoor bleaching within the scope of the main factory act. The definition of factory is given in section 2m of the factories act,1948. Competitive exams the factories act, 1948 translation in. Factories act, 1948 the factories act, 1948, came into force on 1st april, 1949. The same has been done in order to ensure the welfare, health and wellbeing of workers. Factories or two or more factories to be a single factory. This book on factories act, 1948 is designed to provide answers to the most frequently raised queries on the subject of factories law and issues related to it. The provisions of the factories act, 1948, or any rules made under the act, or any order given in writing under the act is violated, it is treated as an offence. The main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
In this act, unless there is anything repugnant in the subject or context. Govt plans changes in law to allow 12hour shifts in factories. Section 7a and 7b of the factories act at the same time the act also recognizes the role of workers in safety and provided for obligations to them. Hi, has anybody worked on actual case studies of factories act. The state vs alisaheb kashim tamboli on 17 september, 1954. Regulation 2g factories act, 1948 section 2n criminal procedure code, 1973 section 482 compliance under section 85ag against the managing director and other directors for presentation or nonsubmission of contribution cards under regulation 26. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th february, 2009. Indian factory act 1948 factories act, 1948 preamble 63 of 1948 an act to consolidate and amend the law regulating labour in factories. Whereas it is expedient to provide for fixing minimum rates of wages in certain employments. Case study on factories act health and safety measures. Sep 03, 2012 the owners, occupiers or managers of factories shall submit the prescribed periodical returns to the inspector regularly. Case study on factories act health and safety measures under section 11 20. Co a typical case of leave entitlement under factories act archive. Changes brought about by the factory act,1948 the following changes were made by the factories act, 1948.
Changes brought about by the factory act, 1948 the following changes were made by the factories act, 1948. Power to declare different depertments to be separate 5. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Factories act 1948 health, safety and welfare of workers. Power to declare different departments to be separate factories or two or more factories to be a single factory. An act to consolidate and amend the law regulating labour in factories. Short title, extent and commencement 1 this act may be called the factories act, 1948. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. It was enacted with a view to removing a number of defects, revealed in the working of the act of 1934. The welfare and safety provisions of factories act, 1948. It deals with various problems concerning safety, health, efficiency and wellbeing of the. Regards, binny rjnimmi 20th december 2009 from india, guntur. To such a case government may make the factories act applicable by means of a. Virtual legal assistant, query alert service and an adfree experience.
Hence, in 1948, the factories act, 1948 came into existence. Free essays on case study on factories act 1948 brainia. There have been cases before the supreme court where, in the context of public sector undertakings, the high courts have entertained petitions under article 226 of the constitution for seeking regularisation of the services of contract workmen engaged in a canteen run in pursuance of the obligation under section 46 of the factories act, 1948. The above ebook is available only on the ebc reader app. A guide to the factories act, 1948, the karnataka factories.
As of today 5th jan 2012 no amendment to factories aact 1948. Buy factories act, 1948 book online at best prices in india on. Factories in districts with no covid19 cases could reopen. Some of the employees took initiative to implementlabour lagislations, facories. Buy factories act, 1948 book online at low prices in india. This book contains cases reported till september, 2016 from the major. Yet some employers have still not applied the prescribed guidelines. An ordinance will have to be brought to amend the factories act, 1947 as the parliament is not in session. C where a worker has worked for 240 days, adult worker shall be entitled to leave. Check out our top free essays on case study on factories act 1948 to help you write your own essay free essays on case study on factories act 1948. Competitive exams commerce notes on labor laws dealing with factories act, 1948 competitive exams the factories act, 1948 glide to success with doorsteptutor material for ias. 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. The book provides the uptodate and amended text of the factories act, 1948 alongwith very useful, detailed annotations and recent case laws. Factories act, 1948 corrected up to 31987 directorate general.
The definition of factory is given in section 2m of the factories act, 1948. 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. The karnataka factories rules 1969 and notifications corrected upto september 2019 are all incorporated. Sep 24, 2016 the main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. The object of the act is to secure health, safely, welfare, proper working hours, and other benefits to workers. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for. 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. Registration under factories act 1948 for a second factory. An illustrative analysis of the definition of factory in the factories act, 1948.
Iii c66 stated that no children under 9 were to be employed and that children aged 916 years were limited to 12 hours work per day. C no adult worker shall work for consecutively 10 days. The factories act 1948, no doubt predominantly imposes liability against the employer exploiting the workers with utter disregard to the safety, health and welfare. Health and safety under factories act 1948 legal bites. Penalty for permitting double employment of child 100 repealed 101 exemption of occupier or manager from liability in certain cases 102 power o.
A cottonopener is a dangerous machine, therefore, according to section 27 of the factories act 1948, no woman or child shall be employed in any part of a factory for pressing cotton in which a cottonopener is at work. This book is a handy volume containing factories act, 1948 as amended by act 20 of 1987 with indian case laws. Download the times of india news app for latest business news. Get detailed illustrated notes covering entire syllabus. Under factories act 1948, the procedure for licensing and registration is given under various sections. A process employed for purpose of pumping water is manufacturing process. Short title, extent and commencement 1 this act may be called the factories act 1948 2 it extends to the whole of india. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. The factory act, 1948 was enacted for betterment of condition of workmen in factories. Summary of the factories act 1948 commentory case l.
We have filed cases under sections 7 a 1 and 41 of factories act 1948 and ap factories rules 1950, bala kishore told pti. Case laws court judgments on occupational health and safety. Factories act, 1948 does not only define things related to factories but also solves certain confusions. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit.
Factories act, 1948 corrected up to 31987 directorate general factory advice service and labour institutes. Buy factories act, 1948 with faqs book online at best prices in india on. In this act, unless there is anything repugnant in the subject or context, ii whereon twenty or more workers are working. Factory in the factories act,1948 legal service india. The factories act, 1948 provides for the health, safety, welfare and other aspects. Though as of 2008 some of it remains in force, it has largely been superseded by the health and safety at work etc. Whereas it is expedient to consolidate and amend the law regulating labour in factories. This acts will serves to assist in formulating national policies in india. Jun 25, 2016 the works of laundry and carpet beating were held to involve manufacturing process. Foremost aim while writing this book has been to produce a text which is broadly comprehensive in nature and presents the law in a most simple and readable manner. 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. Power to exempt public institutions power to apply the act to certain premises. Within how many meters should the first aid box be placed according to factory act.
Section 6 empowers the state government to make rules with regard to licensing and registration of factories under the act on following matters. If you got any case studies on the factories act by now pl email it. According to section 21 of factories act, 1948, in every factory, the dangerous parts of all machineries should be securely fenced. Employees provident funds and miscellaneous provisions act, 1952 7. It was due to this increase in the number of cases on the factories act as well as the various interpretations given by these cases that the publishers felt the need to revise and update this commentary on the factories act, 1948 with the latest case laws and amendments. Provisions act, 1952, contract labour regulation and abolition act, 1970, factories act, 1948, labour law digests, 19232010 in 20 vols. The commentary is aimed at supplying the necessary cases in shortest and quickest manner.
Buy factories act 1948 book online at low prices in. C child who has not completed 14 years of age shall not be employed in factory. The karnataka factories rules 1969 and notifications corrected up to september 2019 are all incorporated. Child labour in samsungs supply chain a closer look at shinyang electronics co. Provided that if the feedend of a cottonopener is in a room separated from the delivery end by a partition extending to the roof or to such height as the inspector may in any particular case specify in writing, women and children may be employed on the side of the partition.
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. The chief commissioner, delhi and others, reported in 1970 2 scc 172, for the reason, that the appellants asserted that they needed to have been afforded an opportunity to cure the defects and irregularities found during the course of inspection, and only if they had failed to abide by the provisions of the factories act, 1948 and the rules. It applied to the cotton industry only, but covered all children, whether apprentices or not. The factories act, 1948 is an extremely important legislation which was promulgated during the early years of indian democracy to regulate the conditions of various factories in india and to ensure a better and more favourable working environment for the workmen. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc.
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