In this act, unless there is anything repugnant in the subject or context, a adult means a person who has. 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 manager, or if no such person is found. 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. Is it legally compulsory to appoint a manager and what are. Penalties under the factories act, 1948 section 92.
Definitions the term factory under section 2m of the act means. The factories manager of all the registered factories are. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india. Provided that, subject to the previous approval of the chief inspector, the daily maximum specified in this section. No adult worker shall be required or allowed to work in a factory for more than nine hours in any day. The factories act 1948 63 of 1948 is an act to consolidate and amend the law regulating labor in factories. 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. Yet some employers have still not applied the prescribed guidelines. Section 10 in the factories act, 1948 indian kanoon.
The government is actively considering the introduction of some vital amendments to the act to keep it in tune with time and make it more effective while dealing with the duties of the occupier and factory manager under factories act 1948, altogether we can conclude that the occupier and factory manager has a vital role to play in assuring the. All statutory deductions for pf, esi, professional tax, it, etc. Power to declare different departments to be separate factories or two or more factories to be a single factory. It casts various obligations, duties and responsibilities on the occupier of a factory and also on the factory manager. When a factory disobey the provisions of factories act or of any rules made under factories act, the occupier or manager of the factory shall be guilty of the offence and is charge with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the. In case of a company, it includes any director of a company. 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. Short title, extent and commencement 1 this act may be called the factories act, 1948. What penalties do factories have to face on the offence of factories act 1948. Some of the employees took initiative to implementlabour lagislations, facories. Board resolution appointment of manager under factories act in accordance with section 7 of the factories act, 1948, the occupier of a factory is required to send a written notice containing various details, as prescribed in the said section, to the chief inspector, at least 15 days before he begins to occupy or use any premises as a factory. All employers should intimate the labour department whenever there is a change of factory manager or occupier in form 2a notice of change of manager or occupier as per the given format. Up to 31st march 2018 old fees schedule registration and. In this act, unless there is anything repugnant in the subject or context.
Master form in respect of the factories act, 1948 payment of wages act, 1936, minimum wages act, 1948 maternity benefit act, 1961, workmens compensation act, 1923 and industrial employment standing orders act, 1946 as applicable to registered factories covered under the factories act, 1948. It can therefore, be construed that any kind of director can be appointed as occupier. Rule 14 notice of occupation for registration and grant or. However, formatting rules can vary widely between applications. Act to have effect notwithstanding anything contained in act 37 of 1970. Notice of occupation for registration and grant or renewal of licence. 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 concept of factory manager is in the factories act only. Without the knowledge of as manager b brings some workers on the premises of the company on a holiday.
It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Annual return master form in respect of the factories act. Under all other acts the particulars of employer is required. Factory plan layout approval under the factories act 1948 name of approval noclicense registration factory plan layout approval under factory act 1948 1. Various returns under factories act 1948 hr letter formats. In the factories act,1948, according to section 2k defines manufacturing process as.
Factory in the factories act,1948 legal service india. Leave with wages a person is entitled to 1 day leave per 20 days of work, provided he worked for 240 days in a year. Whereas it is expedient to consolidate and amend the law regulating labour in factories. No adult worker shall be required or allowed to work in a factory for more than fortyeight hours in any week 2.
Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. The factories act 1948, no doubt predominantly imposes liability against the employer exploiting the workers with utter disregard to the safety, health and welfare. Power to declare different departments to be separate factories or. Manufacturing process means process for i making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, sale transport. Written notice prescribed under sections 6 and 7i of the factories act, 1948. Please find the soft copy of various returns under factories act. Form 34 revised prescribed under rule 12a annual return. Factories act, 1948 bare acts law library advocatekhoj. Therefore, if your factory manager has changed, you need to renew the factory licence. If you continue browsing the site, you agree to the use of cookies on this website. The following statutory notices or displays shall be displayed at conspicuous place in the factory premises. Section 2 n of the factories act, 1948 defines the occupier in relation to factories. There is no specific category of director who should be designated as occupier as defined in this section. Frequently asked questions ecitizen directorate of industrial.
Annual leave with wages page 1 factories act, 1948 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Up to 30 days leave can be accumulated under the factories act, 1948. Section 74 whenever a new manager is appointed, the occupier shall send to the inspector a written notice and to the chief inspector a copy thereof within seven days from the date on which such person takes over charge. What penalties do factories have to face on the offence of. Export to refworks export to endnote reference manager export to easybib export to endnote reference managernonlatin cancel. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. 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. Board resolution appointment of manager under factories act. An act to consolidate and amend the law regulating labour in factories. Rules 1956 and return relating to accidents under the factories act, 1948 and plantations labour act, 1951. The factories act, 1948 ranjeet kumar yadav ranjeet kumar slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Section 79 does not allow employer to regulate leaves. As usual madhu has pointed out correctly, in all other act there is no need to mentioned anything. The factory inspector checks and finds the manager for a breach of section 52 of.
It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Occupier under the factories act, 1948 tax management. What are the registers documents a manager of factory has to maintain under factories act 1948. 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. Model rules under the factories act, 1948 corrected up to 31987 directorate general factory advice service and labour institutes bombay 400 022. The factory act, 1948 was enacted for betterment of condition of workmen in factories. Basic facilities and safety measures the employer shall ensure in such a way that sufficient safety measure is provided to the workers while working with machines. See the bold portion and hence the leaves are not regulated by employer but they are given in law.
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