. Complainant/Factories Inspector.has admitted the offences. . . . . Prohibition of home work in places where there is infectious disease. . 144.. . . As per section 2 (m) of the Factories Act 1948, a factory can be defined as premises or precincts-. . 160. . This Act was basically designed to protect children and to provide few measures for health and safety of the workers. . Exceptions as to steam boilers, steam receivers and containers, and air receivers. . Steam receivers and steam containers. . . . 8694.. . . 110. . 174. . In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Definitions. . . . . . Power of inspector to require certificate of fitness for work. . Every person who on the commencement of the Act occupied a factory was within three months required thereafter to apply to the Commissioner, by written notice containing the particulars prescribed under section eleven, for the registration of the factory. . . . . . . . . . . . . The information that may be required extends to any article, substance, work activity, installation or procedure and a person can be summoned by written notice at a specified time and place to give such information or produce records required by the Inspector. . . . . . . Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds. . . servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to Restriction on approval of plans for cotton cloth factories. . by Act 20 of 1987, s. 5 (w.e.f. . 2224. (a) Entre, with such assistants, being persons in the service of the Government, or any local or other public authority, [or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; (b) Make examination of the premises, plant, machinery, article or substance; . . . Making of wearing apparel where there is scarlet fever or smallpox. . . . . . 112116.. . . 6. . . . . This cookie is set by GDPR Cookie Consent plugin. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). . Steam boilersmaintenance, examination and use. . . . . . . . . . . . . . . . . 146, 147.. . Approval, licensing and registration of factories. According to this piece of law the Commissioner maintains a register of factories, in which he shall cause to be entered such particulars in relation to every factory as may be prescribed. . disability or not, and take on the spot or otherwise statements of any person which he may consider . . . . . . . . Prohibition of employment of women after childbirth. It may also appoint Inspectors for the purpose of the Act in respect of persons employed upon a railway to whom the Act applies. . reason to believe is used, as a factory; 2[(b) make examination of the premises, plant, machinery, article or substance; (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, likely to cause danger to the health or safety of the workers, direct it to be . . Use of this site is subject to our. . . . . Our website uses cookies to enhance your browsing experience and to collect information about how you use this site to improve our service to you. Different options to open legislation in order to view more content on screen at once. Prohibition of employment of women and young persons in certain processes connected with lead manufacture. . . . Enhancing Nonprofit Website Performance with AI-Driven Content Creation.pdf, As stated in the Study the student should begin.docx, Entrepreneurship Development chapter 3 small scale industries.pdf, CompTIA CySA+ certification (CS0-003) changes: Everything you need to know, Student Guide to Student Scholarships.pdf. Similar powers are also granted to inspectors under Section 12 of the Chemicals Act 2008, the Dangerous Substances Act 1972 and the ADR Carriage of Dangerous Goods by Road Regulations. The Powers of the Inspectors appointed by the Central Government to investigate into the affairs of the company are as follows: 1. . . . . . . . . . local limits for which he is appointed,--. Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds. . . . nominated under section 93 and prior notice of such nomination has been given to the Inspector , such . thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it . . . inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not,and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; require the production of any prescribed register, record or other docu- ment relating to the factory; seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; direct the occupier that any premises or any part thereof,or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b); take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment; in case of any article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct t it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; exercise such other powers as may be prescribed]. . The inspector has the power to take down the notes in writing of examinations of persons investigated by him. . . . . . (g) in the case of an inspector who is a medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act; and . . . . . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 32. Sec. There are currently no known outstanding effects for the Factories Act 1961. 4052.. . Major Moore, chief inspector of the Bombay cotton department first raised a question for the provisions of the legislation to regulate the working conditions in factories. In this lecture we discuss about appointment and powers of inspector under factory act. Notice of occupation of factory, and use of mechanical power. . 159.. . Sec. . . . Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. . Power of court to order cause of contravention to be remedied. . . . . . . . . . . . . 33. . . . . (i) where on ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or. We also use third-party cookies that help us analyze and understand how you use this website. persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may . . . . Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it . The cookie is used to store the user consent for the cookies in the category "Other. 145.. . . . . . Short title, commencement and extent. . . Exemption from certain provisions of the Act. . . . . . . . . (a) enter, with such assistants, being persons in the service of the government, or any local or other public authority, 4 [or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 28 [ (b) make examination of the premises, plant, machinery, article or substance; But opting out of some of these cookies may affect your browsing experience. . . 165.. . . . Such powers may be exercised even without giving any notice to the company or any officer of the company. Further, the State Government needs to give a notification in the Official Gazette and may assign to the inspectors such . . Chapter 1: Preliminary. Under the act no inspector shall, save in the performance of his duty, publish or disclose to any person the details of any manufacturing, commercial or working process which may come to his knowledge in the course of his duties. Unless authorised by the complainant, an inspector shall not divulge to any person the source of any complaint bringing to his notice any defect or breach of the provisions of this Act and shall give no intimation to any owner, occupier or employer or a representative of such owner, occupier or employer that a visit of inspection was made in consequence of the receipt of such a complaint. Any inspector who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence., REGISTRATION OF FACTORIES . . . THE FACTORIES ACT, 1948. . Power of person primarily liable to exempt himself from liability. Similar powers are also granted to inspectors under Section 12 of the Chemicals Act 2008, the Dangerous . . . 8 Inspectors (1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. . Use of this site is subject to our. (a) to enter, inspect and examine, by day and night, any factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used; . Section 2. . . . . . . Do Audit of Contractors statutory documents. . be prescribed:]. Interpretation.- In this Act, unless there is anything repugnant in the subject or context,- . 75.. . . (h) to exercise such other powers as may be necessary for carrying this Act into effect. . . . . . . . . . Authority Inspectors are granted their powers under Section 64 of the Safety, Health and Welfare at Work Act 2005 (the 2005 Act). unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take . . . . Do not sell or share my personal information. . . 26-10-1976). . . Building operations and works of engineering construction. Subject to any rules made in this behalf, an Inspector may, within the All information, software, services, and comments provided on this site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice. . an office or database where he/she can check records on chemicals. . . . . . . . . 6(1) and Sec. . . Steam boilerssupplementary provisions. . Not less than Rs.25000 in case of death. Safe means of access and safe place of employment. 37. . . . . . process is or is being carried on with or without the aid of power. It is obligatory for a company to furnish information or explanations which the inspecting officers may require in the course of the investigation of the books of account of the company. . . 92 of the Factories Act.4. . . References to time of day. . Licensee shall provide Lilly with immediate notice of any governmental or regulatory review, audit or inspection of its facility, processes or products that might relate to the subject matter of this Agreement. . . . . . . Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. Inspectors have been given wide powers to compel production of books. Owner of machine liable in certain cases instead of occupier. . . . . (i) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or . . by Act 94 of 1976, s. 6 (w.e.f. . (As amended by Act No. The persons or companies, whose affairs are so investigated, shall have to furnish information and to produce before him all books, papers and all relevant documentary evidence in their possession. direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it . Prohibition of employment of women and young persons in certain processes connected with lead manufacture. . Share Your Essays.com is the home of thousands of essays published by experts like you! Sec.92 to 106 OFFENCE PENALTIES For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day On contravention of Chapter IV pertaining to safety or dangerous operations. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. Precautions as respects water-sealed gasholders. 128. . . specified in such notification. . . . . . . 1948. . . (e) to require any person whom he finds in any factory to give such information as it is in his power to give as to who is the occupier of the factory; . . 26-10-1976). . . . Made in with India, Internet and Lots of Courtroom Dramas, Lawgist is not a law firm and does not engage in the practice of law or provide legal advice or legal representation. . . 167. 240-A). . . . . . . . Docks, wharves, quays, warehouses and ships, Works of building and engineering construction. . . Welcome to Shareyouressays.com! Lists of outworkers to be kept in certain trades. . . . . Any of the persons referred above can also be examined on oath by the inspector with the prior approval of the Central Government (Sec. . . . . (1) None of the provisions of this Act shall apply 175.Interpretation of expression factory". Cleaning of machinery by young persons. . . The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". . . Require the removal of a chemical from the market by the person who places the chemical on the market. . . Changes we have not yet applied to the text, can be found in the Changes to Legislation area. . . . 9. . . 4. . . teacher guidelines, Student Safety in the Workplace - Transition Year, Safety and Health Initiatives in Education, Your Safety, Health and Welfare in Healthcare - Online Course, Work Related Vehicles Safety Program Plan and Priorities for 2016-2018, Online Vehicle Risk Management Resource (EU Commission), HSA and UCD joint webinar on Work Related Road Fatalities, Vehicle Risk Management Business Case Studies, New Guidance Safe and Efficient Goods Reception for Road Freight, Safety in Road Work Zones - PRAISE Report 2011, Transport & Storage Sector Incident Trends, Top Ten Tips for Behavioual Safety - Factsheet, Manual Handling & Display Screen Equipment, Occupational Dermatitis Frequently Asked Questions, Occupational Asthma Frequently Asked Questions, Pregnant at Work Frequently Asked Questions, Workplace Stress (AKA Work-Related Stress), What Workplace Stressors does WorkPositiveCI Measure, How to Implement WorkPositiveCI in your Workplace, HSA Guidance, Publications & Resources on Workplace Stress, Guidance - Work-related Stress a Guide for Employers, Guidance - Work-related Stress Information Sheet for Employees, Managing Psychosocial Hazards in the Workplace Information Sheet, Healthcare - Work-related Stress Webpage, Homeworking - Managing Stress whilst Working from Home, Podcast - Questions and Answers on Stress and Bullying at Work, HSE (UK) Management Standards on Work-related Stress, Job Stress and Working Conditions Report (2019) ERSI, Healthcare - Work Related Stress Mental Health Promotion in the Healthcare Sector (EU OHSA), Practical Advice for Workers on Tackling Work-Related Stress and its Causes (EU OSHA), Critical Incident Stress Management Network Ireland, Contacting the HSA during the COVID-19 crisis, European Agency for Safety and Health at Work, European Healthy Workplaces Campaign 2020-2022, European Healthy Workplaces Campaign 2018-2019, European Healthy Workplaces Campaign 2016-2017, Carriage of Dangerous Goods by Road Regulations, AIE Access to Information on the Environment. Chief Inspector of Factories - Head of the department having administrative control over the department. Some of the crucial Sections: Registration & Renewal of Factories To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. Powers of Inspectors. 39. . . 1948. . . . Power to declare different departments to be separate factories or two or more factories to be a single factory. . . . 1-12-1987). The inspector is required to make a report to the Central Government on the completion of his work. . Content Guidelines 2. Parts of buildings let off as separate factoriesother provisions. . dismantled or subject it to any process or test (but not so as to damage or . . being an article or substance which appears to him as having caused or is . Prohibition of employment of women after childbirth. . . . . . other document relating to the factory; (e) seize, or take copies of, any register, record or other indirectly interested in a factory or in any process or business carried on therein or in any patent or Steam boilersmaintenance, examination and use. . Inspector under the Payment of Wages Act, 1936 Appointment of an Inspector. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 129-131. undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of . . . . . 70, 71.. . in addition to the powers conferred on a Chief Inspector under this . 2. . Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself. . Made in with India, Internet and Lots of Courtroom Dramas, Lawgist is not a law firm and does not engage in the practice of law or provide legal advice or legal representation. Access essential accompanying documents and information for this legislation item from this tab. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. . (1) If an employment medical adviser is of opinion that 11. . . . . . . . . . . . . This was formulated by the recommendation of the Royal Labours Commission. TOS4. . . 80.. . . . 130.. . expert] as he thinks fit, any place which is used, or which he has reason to Penalty on person actually committing an offence for which other person is primarily liable. . . . . Teagle openings and similar doorways. . All the information in our site are given for nonprofit educational purposes, the Commissioner shall be a party to the proceedings;, any party to the proceedings may appear in person or by counsel or any agent thereunto authorised by him in writing., accumulations of dirt and refuse shall be removed daily from the floors and benches of workrooms, and from the staircases and passages;, the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;. where any process is carried on in circumstances which render the floor liable to be wet to such an extent that the fluid is capable of being removed by drainage, effective means shall be provided and maintained for draining off the fluid; all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall-. . . . . . equipment; (h) in case of any article or substance found in any premises, being an article or substance which Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. . Subs. . . . . 137. . . . . These cookies ensure basic functionalities and security features of the website, anonymously.