The welfare and safety provisions of factories act, 1948 labor law 1 introduction. The definition of factory is given in section 2m of the factories act, 1948. The factories act, 1948 provides for the health, safety, welfare and other aspects. This book on factories act, 1948 is designed to provide answers to the most frequently raised queries on the. The factories act, 1948, with madhya pradesh factories rules, 1962. In 1833 the government passed a factory act to improve conditions for children working in factories. Applicable to only those factories, which employed 100 or more workers.
It was passed with the intention of safeguarding the health of workers. 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. The state vs alisaheb kashim tamboli on 17 september, 1954. To such a case government may make the factories act applicable by means of a. Occupier of a factory means the person who has ultimate control over the affairs of the factory. It extended the age limits for the medical examination of persons entering factory employment, while also including male workers in the regulations for providing seats and issuing extensive new building. The factories act, 1948, with madhya pradesh factories. 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. The factories act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. The factories act 1948 was an act of parliament passed in the united kingdom by the labour government of clement attlee. Rule 2a competent person rules prescribed under section 2a clause 2ca and section 112. This act is legislated to lay guidelines on working conditions in factories including leaves, working hours, holidays, etc. Occupier of factory means a person who has ultimate control over affairs of factory. Factories act, 1948 india news newspapers books scholar jstor january 2017. Jul 22, 2009 hi, has anybody worked on actual case studies of factories act. All about factories act, 1948 by mugdha jain latest laws. Hi, has anybody worked on actual case studies of factories act. Feb 04, 2015 the term factory is defined in section 2m of the factories act, 1948. Striking gear and devices for cutting off power 25.
Jan 01, 2009 buy factories act, 1948 with faqs book online at best prices in india on. 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. We have filed cases under sections 7 a 1 and 41 of factories act 1948 and ap factories rules 1950, bala kishore told pti. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. The factories act of 1948 which came into force with effect from 1st of april, 1949 was, enacted to remove some of the shortcomings noticed in the 1934 act. In any case of a public emergency the state government may, by notification. Power to declare different departments to be separate factories or two or more factories to be a single factory 8 5. Short title extent and commencement 1 this act may be called the factories act, 1948 1 2 it extend to the whole of india. Some of the employees took initiative to implementlabour lagislations, facories. Buy factories act, 1948 with faqs book online at best prices in india on. The welfare and safety provisions of factories act, 1948. Section 79 does not allow employer to regulate leaves.
An illustrative analysis of the definition of factory in the factories act, 1948. 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. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th febr. It includes a partner in case of a firm and director in case of a company. 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. Employment of young persons on dangerous machines 24. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a 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. The building and other construction workers act is a social welfare legislation. If you got any case studies on the factories act by now pl email it.
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. 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. The act was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. Dear bansari, as per factory act 1948 and up factory rule 1950 sec6i and 112 1. Changes brought about by the factory act,1948 the following changes were made by the factories act, 1948. Download gujarat factory act 1948 forms download here in pdf format. The term industry refers to a steady and systematic activity in which a trade is organized, whereas a factory is the place where such activities are being carried on. 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. Whereas it is expedient to consolidate and amend the law regulating labour in factories.
O code of industrial hygiene as were practicable under indian conditions and the. The factory acts were a series of uk labour law acts passed by the parliament of the united kingdom to regulate the conditions of industrial employment the early acts concentrated on regulating the hours of work and moral welfare of young children employed in cotton mills but were effectively unenforced until the act of 1833 established a professional factory inspectorate. It deals with various problems concerning safety, health, efficiency and wellbeing of the. The term factory is defined in section 2m of the factories act, 1948. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed.
The factories act, 1948 page 1 of page 80 the factories act, 1948 act no. Factories act is a labour legislation history essay. 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. Introduction in common parlance, invariably factory and industry are understood as interchangeable. Frequently asked questions on factories act 1948 foundation jps.
An act to consolidate and amend the law regulating labour in factories. The internal height of a workroom shall be not less than 14 feet measured from the floor level to the lowest part of the roof, and if the roof is of corrugated iron, which is neither covered with tiles nor has an inner ceiling or lining of heatresisting material with an air space of at least four inches between. 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. It also ensures health, safety and welfare measures of workers in factories. The 1948 act is an act to consolidate the law regulating factories. 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. Section 2 n of the factories act, 1948 defines occupier as follows. To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. The factories act, 1948 came into force on the 1st day of april,1949 and extends to the whole of india. 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. Lxiii of 1948 23rd september, 1948 an act to consolidate and amend the law regulating labour in factories. Factories act 1948 international labour organization. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th february, 2009. See the bold portion and hence the leaves are not regulated by employer but they are given in law.
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. Prohibition of employment of women and children near cottonopeners 28. 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. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc.
It may be noted that if a factory is run by a company, then only the director of the company can be treated. Co a typical case of leave entitlement under factories act archive. Draft amendment proposals the factories act, 1948 act no. Labour law is a subject that is constantly evolving under the influence of new legislations, judicial interpretations, and the impact of foreign law on labour and industrial relations practice. In this act, unless there is anything repugnant in the subject or context, ii whereon twenty or more workers are working.
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. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Mar, 2014 section 2 n of the factories act, 1948 defines occupier as follows. The definition of factory is given in section 2m of the factories act,1948. This book on factories act, 1948 is designed to provide answers to the most frequently raised queries on the subject of factories law and issues related to it. In this act, unless there is anything repugnant in the subject or context. Introduction in india the first factories act was passed in 1881. Foremost aim while writing this book has been to produce a text which is broadly comprehensive in nature and presents the law in a most simple and readable manner. Changes brought about by the factory act, 1948 the following changes were made by the factories act, 1948. 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.
General duties of the occupier 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. Regards, binny rjnimmi 20th december 2009 from india, guntur. Is there any inter relation between leave policy, appointment orders to employees and factories act. Bocw act, 1996, applies to construction workers shrm. The act of 1948 not only consolidated but also amended the law regulating labour in factories.
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