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. From the graph it is clear that factories under section 2m i are more as compared to others. It applies to factories covered under the factories act, 1948. The main objectives of the factories act, 1948 fa are. Sec 310 wk 7 case study 3 usa patriot act to purchase this visit here. An illustrative analysis of the definition of factory in the factories act, 1948. Except in such cases as may be prescribed, every occupier should prepare. The judgment of the supreme court in the saraspur mills co. A study of factory act 1948 in baidynath ayurved company. Factories act 1948 international labour organization. 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.
Hi, has anybody worked on actual case studies of factories act. Download the times of india news app for latest business news. An act to consolidate and amend the law regulating labour in factories. The factory act, 1948 i the factories act, 1948 index sec. Case study on factories act health and safety measures. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. The factory act, 1948 was enacted for betterment of condition of workmen in factories. In this act, unless there is anything repugnant in the subject or context.
The act is applicable to any premises involved in manufacturing process engaging 10 or more people with the aid of power or 20 or more people without the aid of power. He has asked you to advise him as to what is to be done in order. General penalty for offenses this section states that in case there is any kind of contravention with the laws of the act, then the occupier and the manager of the factory will be equally responsible for the breaking of the law. Power to declare different departments to be separate factories or two or more factories to be a single factory. The factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. Child labour in samsungs supply chain a closer look at shinyang electronics co. Penalties under the factories act, 1948 section 92. The factories act 1948 was passed by the constituent assembly on 28 august 1948, assent was given by the governorgeneral of india on 23 september 1948 and the said act came into force from april 1949. No adult worker shall be required or allowed to work in a factory for more than fortyeight hours in any week 2. Frequently asked questions on factories act 1948 foundation jps. If you continue browsing the site, you agree to the use of cookies on this website. This law was applicable to only those factories, which employed 100 or more workers.
Start reading factories act 1948 on your kindle in under a minute. If you got any case studies on the factories act by now pl email it. The act of 1948 not only consolidates but also amends the law regulating labour in factories. Do a hand driven lifting equipment need certification from competent person under article 29 of factories act. No adult worker shall be required or allowed to work in a factory for more than nine hours in any day. The provisions of the factories act, 1948, or any rules made under the act, or any. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. It was enacted with a view to removing a number of defects, revealed in the working of the act of 1934. Introduction the factories act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. Case study on factories act health and safety measures under section 11 20. O code of industrial hygiene as were practicable under indian conditions and the.
The act of 1948 not only consolidated but also amended the law regulating labour in factories. Important definitions under employees state insurance act, 1948. In india the first factories act was passed in 1881. Text is available under the creative commons attributionsharealike license. According to two senior officials in the know of the matter, a proposal is under active consideration to amend the factories act of 1948. Employees provident funds and miscellaneous provisions act, 1952 7. Introduction in india the first factories act was passed in 1881. Sec 46 canteen is a statutory requirement under the factories act 1948. Get complete details on the first section of 7th chapter of the factory.
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. It deals with various problems concerning safety, health, efficiency and wellbeing of the. Section 66 1b of the factories act prohibits employment of women in factories between 7 pm and 6 am. The first act, in india, relating to the subject was passed in 1881. An attempt is made to discuss the obligations and liabilities of the employer and the workers as provided under the factories act 1948 and remedies and safeguards available to the employer to defend his case against prosecutions launched by the police and inspector of factories on the accident.
Dec 09, 2015 factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. The offences under the act consist of contravention of 1 any. Government act section 38 in the factories act, 1948 8. Case study on factories act health and safety measures under. The act requires that workers should work in healthy and sanitary conditions and for that. Part10 factories act working hours sec5158labour law cs.
Describe objective, scope and coverage of factories act 1948. It can therefore, be construed that any kind of director can be appointed as occupier. The factories act, 1948, prohibits the employment of children below the age of 14 years in factories. In case of any actions of a factory contravene with the provisions of the factories act. The same has been done in order to ensure the welfare, health and wellbeing of workers. Virtual legal assistant, query alert service and an adfree experience. Factories act, 1948 the factories act, 1948, came into force on 1st april, 1949.
This act was basically designed to protect children and to provide few measures for health and safety of the workers. 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. 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. Application of act to government factories 117 protection to persons acting under this act 118 restrictions on. The factory act 1948 case study employment of young person 7 in hindi by hr manager vinod kumar from skh metals imt manesar. It will be of great help for preparing for the session ewhich i have take. A workshop of polytechnic institution registered under the factories act imparting technical education and having power generating machines, was carrying on a trade in a systematic and organised manner held, it will come under the definition of factory as defined under section 2m read with section 2k 1981 lab. Whereas it is expedient to consolidate and amend the law regulating labour in factories. This was followed by new acts in 1891, 1911, 1922, 1934 and 1948. The welfare and safety provisions of factories act, 1948 labor law 1 introduction. Other provisions as per factories act with respect to canteen are as follows.
The position and status of the workmen engaged in a statutory canteen maintained in pursuance to the rules framed under section 46 of the factories act, 1948 has to come up for consideration in several cases before the supreme court. The object of the act is to secure health, safely, welfare, proper working hours, and other benefits to workers. Section 29 of the factories act deals with lifting machines and lifting tackles which are defined under explanation. 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. 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. Competitive exams the factories act, 1948 translation in. V rajeswari, a worker of viswabharathi textiles ltd, vadamurai, filed a petition in the high court challenging the constitutional validity of such a provision which not only infringes into the freedom of women to work but also discriminates the interests of women folk in the liberalised. The factory act 1948 chapter 7 employment of young. Preamble 63 of 1948 an act to consolidate and amend the law regulating l abour in factories. There is no specific category of director who should be designated as occupier as defined in this section. So in the present case, if the occupier proves before the court that he has taken reasonable care in complying the laws under the act, or that the said other person committed the offence in question without his knowledge or without any. Factories act, 1948 has been enacted to consolidate and amend the law regulating. Free essays on case study on factories act 1948 brainia. Registration and licensing as under factories act 1948.
Factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. Get detailed illustrated notes covering entire syllabus. Sep 27, 2016 the factories act, 1948, section 101, clearly provides for exemption of occupier or manager from liability. To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women an d young persons ext. Nov 15, 20 dear mr dwivedi, you can check, the prescribed format of the inspection book under the factories act,1948 must be readily available at book depot stationary shop.
Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. 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. Factories act is one of the earliest labour welfare legislations. Some of the employees took initiative to implementlabour lagislations, facories. 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.
It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Such a provision is contained in section 92 of the act, which contains a general provision for penalties for offences under the act for which no express provision has been made elsewhere and seeks to lay down uniform penalty for all or any of the offences committed under the act. Describe objective, scope and coverage of factories act. Yet some employers have still not applied the prescribed guidelines. The employees state insurance act, 1948 is beneficial and social legislation. Buy factories act, 1948 book online at low prices in india. 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. Factory in the factories act,1948 legal service india. In farming the new act, the labour minister stated in the legislature on 30 th january, 1948 that the government had tried to implement as many of the provisions of the i. Government are, therefore, initiating various measures from time to time to ensure that adequate standards of safety, health and welfare are achieved the all work places. Factories act 1948 articles, research and case studies. Casebased studies collection of cases with assignments moscow 2011. Co judgment for minimum wage actairfreight case pdf download archive.
The welfare and safety provisions of factories act, 1948. Act to have effect notwithstanding anything contained in act 37 of 1970. Mar, 2014 section 2 n of the factories act, 1948 defines the occupier in relation to factories. The case studies also showed that child labour is rampant although the constitution of india states that no child below the age of 14 years shall work in any factory or mine or engage in any other hazardous employment article 24.
We have filed cases under sections 7 a 1 and 41 of factories act 1948 and ap factories rules 1950, bala kishore told pti. Factories act the object of the factories act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term factory as used in the act. The act of 1948 is more comprehensive than the previous acts. Factories act, 1948 bare acts law library advocatekhoj. Sep 12, 2015 objective and applicability of the factories act the main objective of the factories act, 1948 is to ensure a safe environment for the persons working inside a factory. Rgds rajendra zala this discussion thread is closed.
Girija anil 1student, bba llb hons 2nd year, saveetha school of law, saveetha institute of medical and technical sciences, saveetha unive rsity, chennai 77, tamil nadu, india. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. At the time of its passage, the act consolidated much legislation on workplace health, safety and welfare in great britain. The director of the company has received a summons from the authority under the payment of wages act, 1936. It analyses the number of hazardous industries under various section for the year 2011 in maharashtra. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. In case of a company, it includes any director of a company. This act made mandatory medical examination for children under the age of 15 while. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th febr.
It was submitted, that the enactment under reference has a laudable role. Provided that, subject to the previous approval of the chief inspector, the daily maximum specified in this section. Mar 11, 2011 the factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Figure 3 studies the major accidents hazards industry under various sections of factory act 1948. The factories act 1961 is an act of the parliament of the united kingdom. Factories act is a labour legislation history essay. The definition of factory is given in section 2m of the factories act, 1948. The factories act, 1948 with latest amendments l workplace health. In this act, unless there is anything repugnant in the subject or context, a adult means a person who has. The act contains several important definitions and provisions that regulate these workers. Factories act, 1948 india news newspapers books scholar jstor january 2017 learn how. Full name of the factory and its licence number, if already registered. Indian factory act 1948 factories act, 1948 preamble 63 of 1948 an act to consolidate and amend the law regulating labour in factories. Licence written notice prescribed under sections 6 and 7i of the factories act, 1948 1.
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