The state government may make rules 1a requiring, for the purposes of this act, the submission of plans of any class or description of factories to the chief inspector or the state government. Factories act, 1948 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. Pdf awareness and implementation of labour welfare measures. To ensure clarity and easy understanding of the subject, each concept has been supported by judicial interpretation and case laws, at appropriate places. Maharashtra factories rules, 1963 directorate of industrial safety. Multiple choice questions on factories act, 1948 for cs executive december 2014 omr based exams. Factory in the factories act,1948 legal service india. It means that in any premises if 10 or more workers are engaged in a manufacturing process with aid of power or if 20 or more workers are engaged in the manufacturing process without aid of power such premises will be covered under the factories, 1948. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Model rules under the factories act, 1948 corrected up to 31987 directorate general factory advice service and labour institutes bombay 400 022. Describe objective, scope and coverage of factories act 1948. Striking gear and devices for cutting off power 25. The decisions of the supreme court, in matters relating to canteens governed by section 46 of the factories act, 1948, therefore, do not support the proposition that all the employees engaged through a contractor or an intermediary in such a canteen ipso facto become the employees of the management for a.
Therefore, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on august 28, 1948. Introduction in india the first factories act was passed in 1881. It safeguards the interests of the workers and it is for the welfare of the factory workers. The act has been preceded by its historical background to generate interest amongst the users about the periodic growth and development of the factories act in the country. The definition is quite important and it has been the subject of judicial interpretation in large number of cases. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. 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.
Prohibition of employment of women and children near cottonopeners 28. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. A certificate of fitness granted or renewed under subsection 2. The provisions of the factories act, 1948, or any rules made under the act. To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women an d young persons ext. In this act, unless there is anything repugnant in the subject or context. Case laws court judgments on occupational health and safety 1. Download a critical study of health and safety provisions of the factories act, 1948 healthandsafetyprovisions. The term factory is defined in section 2m of the factories act, 1948. This act was basically designed to protect children and to provide few measures for health and safety of the workers. Whereas it is expedient to consolidate and amend the law regulating labour in factories. Any premises whereon 10 or more persons with the aid of power or 20 or more workers arewere without aid of power working on any day preceding 12 months, wherein manufacturing process is being.
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. Jan 05, 2011 the factories act regulates the conditions of work health, safety, etc in factories. The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. Section 6 in the factories act, 1948 indian kanoon. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. An act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Act, 1948 for protection of labour rights in real estate industry of pune.
If you got any case studies on the factories act by now pl email it. Explain the important aspects of factory act 1948 i. Where the occupier or manager of a factory is charged with an offence punishable under this act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days notice in. Dec 23, 2010 to prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. Applicability of the act at any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india. Section 2 in the factories act, 1948 indian kanoon. Jul 22, 2009 hi, has anybody worked on actual case studies of factories act. Health and safety concerns are the need of the hour with respect to the workplace environment. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of. 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. This law was applicable to only those factories, which employed 100 or more workers.
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. Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of 1subsection 1 or any rules made under subsection 3, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to. Form 26 abstract of the factories act, 1948 and the maharashtra factories rules, 1963. Factories act is a labour legislation history essay. 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.
Factories act 1948 dgfasli, mumbai, ministry of labour. It deals with various problems concerning safety, health, efficiency and wellbeing of the. In case of factory employing more than 30 women workers a creche is to be maintained for. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. Mazagon dock limited, mumbai submitted in partial fulfillment of the requirement for. The object of the act is to secure health, safely, welfare, proper working hours, and other benefits to workers. Section 66 1b of the factories act prohibits employment of women in factories between 7 pm and 6 am. Yet some employers have still not applied the prescribed guidelines. The factories act regulates the conditions of work health, safety, etc in factories. 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. An act to consolidate and amend the law regulating labour in factories. 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 was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. The judgment of the supreme court in the saraspur mills co. Health and safety under factories act 1948 legal bites. 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 first act, in india, relating to the subject was passed in. Factories act 1948 international labour organization. Case laws court judgments on occupational health and safety. Employment of young persons on dangerous machines 24. The factory act 1948 is more comprehensive than the previous act and focuses mainly on health, safety, welfare of the workers inside factories, working hours, minimum age to work, leave with pay etc. In the case of ardeshir vs state of bombay, air 1962, s. In india the first factories act was passed in 1881. It applies to factories covered under the factories act, 1948.
According to me, it is not unconstitutional it is for betterment of women and it responsibility of state to protect the interest of women, children and. All about factories act, 1948 by mugdha jain latest laws. 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. Child labour in samsungs supply chain a closer look at shinyang electronics co. Factories act, 1948, employees state insurance act, 1948 and minimum wages act, 1948. Competitive exams the factories act, 1948 translation in. In the factories act,1948, according to section 2k defines manufacturing process as. 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 act requires that workers should work in healthy and sanitary conditions and for that. Where the occupier or manager of a factory is charged with an offence punishable under this act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days notice in writing of his intention so to do, to have any other person whom he charges as the actual. All the information that you need on factories act 1948,you will find it in this powerpoint presentation.
Introduction introduction the factories act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places applicability of the act. Click view more or select more resources tab for additional information including. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989. The definition of factory is given in section 2m of the factories act,1948. An illustrative analysis of the definition of factory in the factories act, 1948. The factory act, 1948 i the factories act, 1948 index sec. 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.
The act received the assent of governor general of india on september 23, 1948 and came into force on april 1, 1949. A project report on health, safety and welfare as per the factories act 1948 a detailed study done in. Exemption of occupier or manager from liability in certain cases. Introduction the factories act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if.
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