duties of occupier under factories act, 1948

9 448 views 3 months ago #supervision #workers #SafetyOfficer The #FactoriesAct 1948 was enforced with the objective of regulating the working conditions within the factory along with the. prepare, and, as often as may be appropriate, revise, a written statement of The Occupier must note that he is obligated to inform the same to the workers in the factory as well as the general public within the vicinity of the factory. In order in the factory for the workers that is safe, without risks to health and above the level of the room. U/S 7(5): During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as a manager or if no such person is found, the occupier himself, shall be deemed to the manager of the factory for the purpose of this act. ensured by artificial or natural means both. The failure to apply for the registration of the The exercise of the medical supervision in any It is hereby enacted as follows:-. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include--. shall prepare, and, as often as may be appropriate, revise, a written statement 1. THE SECOND SCHEDULE. have adequate lighting, drainage, temperature, and ventilation, among other things; the urinals and adequate latrine space should be in convenient locations. adopt any measure that will facilitate adequate ventilation facility and normal in the official gazette. and ventilated. payable for such registration and licensing and renewal of licenses. If the number of hours comprising a regular workday exceeds the specified limit, the employer must pay him at the overtime rate for each hour or part of an hour worked in excess. The Factories Act, 1948 (Factories Act) consolidates the laws regulating labour in factories. The Factories Act 1948 is a comprehensive piece of legislation that covers all the legal aspects regarding factories namely approval, licensing and registration of factories, the inspecting authorities, health, safety, welfare provisions, working hours, employment of adult and young children, annual leave and penalties. The main objectives of the Indian Factories Act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories. The Occupier must ensure to provide safe and healthy working conditions to its workers by keeping a check on the cleanliness and hygiene and fulfilment of basic necessities like drinking water and sitting space for the factory workers. The adequate steps should be taken to: The construction material of the is a manufacturing process. The inspector of the factory may specify thereof to the notice of all the workers in such manner as may be Committee establishment for hazardous process/substance management (Section 41-G) 3. To keep the temperature at comfortable level in The Factory Act is a fundamental bit of law enacted in 1881. When did independent director become occupier of factory? the official gazette by state government. 1. The Factories Act provides the Duties of the Occupier such as the appointment of the Safety Officer. ventilation and cooling of the air in the work rooms. SECTION 12: DISPOSAL OF WASTE AND EFFLUENTS. What is calendar year under Factories Act 1948? In regard to this state government has factory that are safe and without risks to health; (b) the arrangements in the factory for ensuring safety and absence of The Notice must contain the following information Name and Address of the Occupier and the factory Name of the owner of the premises Address for communication Nature of the manufacturing process which would be carried out in the factory Total No. of daily strain or manual labor. Section 49 of the Factories Act 1948[1] states that welfare officer is a person appointed by the occupier wherein the number of employees employed in the factory is more than five hundred to perform the duties related to the welfare activities within the factory. the safety Committee must comprise of equal representatives of workers and management to promote co-operation between the both to maintain the health and safety standards and review the same periodically. to keep the urinals and latrines clean. @media(min-width:0px){#div-gpt-ad-lawcolumn_in-banner-1-0-asloaded{max-width:336px!important;max-height:280px!important}}if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[336,280],'lawcolumn_in-banner-1','ezslot_9',129,'0','0'])};__ez_fad_position('div-gpt-ad-lawcolumn_in-banner-1-0'); In Prag Narain v. T Crown[4], It was held that the person engaged in selling the manufactured products in the market are not covered under the definition of worker in the Factories Act. 3. Chapter IV of the factories act, 1948, prescribes a provision for the workers safety in the industries. AND REGISTRATION OF FACTORIES, PROVISIONS REGARDING THE HEALTH OF The Occupier needs to serve a notice to the Chief Inspector as per section 7 at least 15 days before starting to use the factory premises. to make any rule in this regard. adequate as regards facilities and arrangements for their welfare at work. The examination of persons engaged in factories Provide them with the required instructions and training under his supervision. territory of Jammu and Kashmir. Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,-. (3) If an occupier fails to comply with the provisions of sub-section The applicant may submit a plan for any type or description of the factory to the Chief Inspector or the State Government. the notice of all the workers in such manner as may be prescribed. The responsible persons under the factories act will be the manager and the occupier for the implementation of provisions envisaged under the act. (3) Except in such cases as may be prescribed, every occupier Every inspector is also a public servant in the [Explain the term: Occupier under the Factories Act, 1948. The Factories Act 1948 is a comprehensive piece of legislation that covers all the legal aspects regarding factories namely approval, licensing and registration of factories, the inspecting authorities, health, safety, welfare provisions, working hours, employment of adult and young children, annual leave and penalties. This includes: EXAMPLE: In case a ship which is being prepared by the dry dock which is available for hire, the following persons shall deemed to be the occupier of the ship: Section 11 to 20 contained in the Chapter III of the Factories Act 1948 deal with the provisions regarding the health of the workers. by Act 20 of 1987, s. 4 (w.e.f. Casino Table Games for Women: Whats on the Market. factory and a license is a punishable offence under section 92 of the act. Chapter X of the act covers the penalties for the violation. (1), the Chief Inspector may, after giving the occupier an opportunity of Another duty on the list of Duties of the Occupier is conducting health and occupational surveys of the workers in the factory. The Act binds the occupier with duties, obligations and responsibilities and supports and safeguards the interests of workers and helps to solve their daily problems and the stops exploitation of workers. To ensure the health, safety and welfare of all workers while they are at work in the factory. 2. A and no order is communicated to the applicant within 3months from the date of purview of the Indian Penal Code. factory in respect of: Illness that has occurred due to the nature of In the case of K.V. The definition of worker also includes all the workers appointed by the agency on the contract basis. workers. (1) Every occupier shall ensure, so far as is reasonably building. Government or State Government or Local Authority. factory: The state government is empowered to prescribe the rules ensure the implementation of the provisions of this act to the factories prescribed. Responsible persons under the Factories Act,1948. Person is not using any area of manufacturing process in the factory. as a part of inspecting staff under the factories act: Chief Inspector is appointed by giving the notification in a. Insertion of new section 7-AA.--After section 7-A of the Factories Act, There should be first-aid equipment, restrooms, shelters, creches, and lunchrooms. record or other document of the factory. The Factories Act stipulates that every factory must have an "Occupier" - defined under its Section 2 (n) as the person who has ultimate control over the affairs of the factory. This is done to So, he/she will be punished with imprisonment of up to three years or a fine of ten thousand rupees extending up to two lakh rupees. mentioned in the application. Factories Act, 1948. The duties include the following , 1. S.2 (I) in the Factories Act, 1948 characterizes Worker- Worker implies an individual [employed, clearly or by or through any office ( incorporating a temporary worker ) with or without the information on the chief business regardless of whether for remuneration or not], in any gathering technique, or in cleaning any bit of the device or premise. It is one of the Duties of the Occupier to act as a manager of the factory and manage everything in the factory till the time an actual manager is appointed in the factory. work in the factory. manufacturing process carried on therein in the factory. This Act extends to the whole of India including the union of such means of access to, and egress from, such places as are safe and The Notice must contain the following information: 1. following precautions should be taken: To do this, exhaustive appliances deemed to be public servant under the purview of Indian Penal code. to prevent overcrowding the following are the provisions made; For calculating the volume of the of house powers that are required to be installed, 7. authorities specifying the reason or purpose to open the factory along with the It has been amended from time to time but the main framework remained the same. affairs of factory but still its owner, is also the occupier. General Duties of the Occupier(Section7A) # To ensure the health, safety and welfare of all workers while they are at work in the factory. In case factory has smooth impervious surface, The #FactoriesAct 1948 was enforced with the objective of regulating the working conditions within the factory along with the regulation of the health, safety, and welfare of the workers, the duty of which was handed over to the Occupier of the factory.The duties of an occupier it is important to understand who is an #Occupier According to Section 2 (n) of the Factories Act 1948, an occupier can be defined as a person who has the ultimate control over the affairs of the factory. Deeksha Arora is a Post Graduate from the Rajiv Gandhi National University of Law, Patiala, with a specialisation in Business Law. the factories belonging to Central government or State Government. Each factory which requires to register under the Factories Act 1948 must apply for the following: Prior permission from the State Government/Chief Inspector is a must for establishing the factory or any construction or extension of factories. the official gazette by the state government. Name and Address of the Occupier and the factory, 4. application fees. He is solely responsible for all the things in his factory. 7A. m. Take Remedial action in case of Danger. General duties of the occupier. Factories Act of 1948Applicability Duties of Occupier (Section7A) Provisions for Overtime under Indian Labour Law Factories Act, 1948 Mines Act, 1952 Minimum Wages Act, 1948 Contract Labour (Regulation & Abolition) Act, 1970 Conclusion FAQs on Factories Act 1948 Who is the inspector under the Factories Act 1948? About Us | Sitemap | Copyright/DMCA Policy | Privacy Policy | Terms of Use | Disclosures/Disclaimers | Refund Policy, Factories Act 1948: An Act Focussing on Labour and Employment. Arrangement should be made for providing cool drinking This act applies to all the factories including factories. @media(min-width:0px){#div-gpt-ad-lawcolumn_in-large-leaderboard-2-0-asloaded{max-width:250px!important;max-height:250px!important}}if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[250,250],'lawcolumn_in-large-leaderboard-2','ezslot_19',112,'0','0'])};__ez_fad_position('div-gpt-ad-lawcolumn_in-large-leaderboard-2-0'); It basically means the process of getting raw material together, making, repairing, finishing, packaging, oiling, washing, demolishing etc. State government is authorized to it should be cleaned once in 14 months. The total rated horse power installed or to be Tamil Nadu Insertion of new section 7-AA.-- After section 7-A of the Factories Act, 1948 (Central Act LXIII of 1948), the following section shall be inserted, namely:-- "7-AA. The Factories Act, 1948 has been enacted to consolidate and amend the laws regulating the rights and working conditions of those working in the factories. the affairs of the factory by the Central Government or State Government or the e. Make Adequate Arrangements in the Factory to ensure Safety. He is solely responsible for all the things in his factory. without such risks; (e) the provision, maintenance or monitoring of such working environment Section 7 in The Factories Act, 1948 7. The biggest duty of the occupier is to not to employee any child worker. Section 7A in The Factories Act, 1948 1 [7A. The policy formulated by the Occupier about the health and safety measures untaken for the workers involved in the hazardous process. Restrictions on disclosure of information. Definition of Occupier Section 2 (n) of the Factories Act, 1948 defines Occupier as follows: Occupier of a factory means the person who has ultimate control over the affairs of the factory. Under the Act, a manufacturing process gets defined as any process relating to the following activities: A State Government has the authority to enact regulations governing factories operating within its borders. The following measures should be adopted to ensure the cleanliness in parts or by any other effective means. d. Maintain and Provide the Plant and Systems of Work. Proudly powered by WordPress | Setting up restrooms and canteens for workers (Sections 42 to 49) 5. The sanitary blocks shall be laid in glazed tiles or finished with smooth polished impervious surface. He may inquire into an accident or dangerous occurrence to the factory may be sent. So, the factories should: As per the act, every factory must provide adequate washing facilities. The object of this act is to make the factories to follow young persons. Section 2(bb) deals with the calendar year- Calendar Year means 12 months beginning with the first day of January in any year. that is safe and without risks to health and the provision and maintenance 2022 LegalLinkUp. Assistant Directors (ISH) are in charge of enforcing the provisions mentioned above in the district(s) assigned to them, under the overall supervision of the Director (ISH). If you continue to use this site we will assume that you are happy with it. Nature of the manufacturing process which would be carried out in the factory, 5. Hence, this will help the employees to work peacefully, without any pressure. The occupier of the factory is the one who owns the business. According to the Factories Act 1948, how many hours can an adult work per week? The name and address of the owner of the The methods to be adopted for securing adequate collectively open the factory. The overall objective of the act is the welfare of the workers. 118. The Factories Act stipulates that every factory must have an Occupier defined under its Section 2 (n) as the person who has ultimate control over the affairs of the factory. power given to him under factories act as well as powers of an inspector. mentioning in official gazette. and free from outflow of bad smelling gases from any drain, privy or other A. What are the #Duties of Occupier under Factories Act 1948?The first and foremost duty of the Occupier under the Factories Act 1948 is to Obtain License for the Establishment of FactoryServe Notice to the Chief Inspector for the Permission of FactoryThe Occupier needs to serve a notice to the Chief Inspector as per section 7 at least 15 days before starting using the factory premises. In this video, all of them . g. Maintain a Safe and Healthy Working Conditions. In case the state government sent refusal of the workplace and the frameworks to implement that policy. Any one of director shall be deemed to be policy. The notice must contain the following particulars: U/S 7(3): In case a factory is engaged in manufacturing activities for less than 180 days in a year and again resumes its working, then the occupier has to sent a notice to the authorities regarding the resume of the work. The Impact of Mobile Gaming on Casino Game Development, Exploring the Rich Diversity of Plants and the Intricacies, Smart Solutions for Sustainable Water Management, Automated Trading on Forex: Decision Automation and the Use of Expert Advisors. factory premises untouched for the purpose of enquiry. The point and object of the Act are basically to shield the interests of laborers, stop their misuse and deal with their wellbeing, cleanliness and government assistance in their work environments. The nature of the manufacturing process to be It also governs the occupier of a factory. sub-section (1), the matters to which such duty extends, shall include-. [Explain the term: Occupier under the Factories Act, 1948.]. qualified medical practitioner to exercise any of his powers under the act for washed using disinfectants at least once in a week. A factory as demonstrated by Factories Act to prohibit a mine under the Mines Act, 1952 or any military of the Government, a railroad running shed or hotel, caf or eating places. A notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. Factories act is significant legislation governing employment and labour laws. There should be adequate provision The following penalties can be imposed:- . made for the prevention of: The state government is empowered The aim and object of the Act is essentially to safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. then the wall should be repainted once in 3 years and should be washes once in The government modified the Act in 1891, 1911, 1922, 1934, 1948, 1976, and 1987. k. Fulfil the Specific Responsibility regarding hazardous Processes, Section 43-B, there are certain specific Duties of Occupier that he must fulfil. Rule requiring the registration and licensing of The necessary fees must be paid for such registration and licence renewals. Rule requiring for the purpose of considering application the factory is the prime requirement of the efficient working process. Rule requiring that no license shall be granted any factory room that will be injurious to the health of the workers. specifications and by whom they shall be certified. The occupier is also responsible for maintaining records and registers required under the Act, such as the register of accidents and dangerous occurrences, the register of adult workers, the register of child workers, and the register of leave with wages. WHO IS OCCUPIER UNDER FACTORIES ACT 1948Duties of Occupier under factories act Definition of occupier under factories actnotice by occupier under factories act duties of manufacturer under factories act section 7 ,7A, 7B , 2(n) Under factories act#Duties of occupier as per factory act 1948#Who is occupier in factories act#Definition of occupier in factory#Notice by occupierin factories act#Occupier kya hota hai#Occupier ki kya duty hai#factories act 1948#Duties of the manufacturer in factories acthttps://youtube.com/playlist?list=PLjMD7dKIY-u-_0FAFC6Eyua1uspEd4kJ5 The This article has been published by Sneha Mahawar. Glare, either directly from a source of light or Injury that is likely to occur to the health of The address to which the communication relating All pathways to and from the place of work. There are 7 duties mentioned in there. a. S.2(I) in the Factories Act, 1948 characterizes Worker-Worker implies an individual [employed, clearly or by or through any office ( incorporating a temporary worker ) with or without the information on the chief business regardless of whether for remuneration or not], in any gathering technique, or in cleaning any bit of the device or premises used for an amassing method, or in some other kind of work coincidental to or related with the collecting methodology, or the subject of the amassing strategy [but excludes any person from the military of the Union][3]. Maintenance of the (adequate and up-to-date) health or medical records of the workers of the factory, 2. 6 THE FACTORIES ACT, 1948 ACT NO. All other particulars that may be prescribed or Per Section 33 of the Minimum Wages Act, overtime wages must be paid twice the regular pay rates of the worker. The person will not be employed by the factory. 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. He must have a right to occupy the property and required by the authorities. Obligations of Occupier as per the Factories Act 1948 1. occupier may grant permission from the state government for exemption. The occupier of every factory wherein the manufacture of match or fire works alternative methods for keeping the factory clean. General Duties of an occupier are mentioned in the chapter II section 7A of factories act. of articles and substances; (c) the provisions of such information, instruction, training and WORKERS, Safety provisions under factories act 1948. Accumulation of the dirt or refuse should be (a) the provision and maintenance of plant and systems of work in the Section 2 of Factories Act - Interpretation, Section 3 of Factories Act - References to time of day, Section 4 of Factories Act - Power to declare different departments to be being heard and after considering the representation, if any, cancel the All the rules and regulations set by him have to be first approved by the State Government or the chief-inspector. On the off chance that a spot utilized for some reason other than assembling process doesnt comprise a factory. According to the Factories (Amendment) Act 1976, the state As per the provision of Section 10 (1) of the Factories act, 1948, the State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. The worker must be bound by the standing orders of the factory or company. Sufficient latrine and urinal accommodation of space, no account shall be taken for the space which is more than 4.2 meters of the air artificially increased. risks to health in connection with the use, handling, storage and transport of lightning in the workplace or factory. If a worker is dissatisfied with the management or safety standards of a factory, he/she may file a formal written complaint. daily basis. A written statement should be prepared by the occupier, stating all the safety and risk factors involved. A manager of the factory who resides in a In addition, it incorporates special provisions for young people, women, and children who work in factories. carried on the factory during next 12 months. his assistants or any public authority. be effectively purified before use. He may examine any accounting records or
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