Factories Act 1948 Notes, Exams of Law

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FACTORIES

ACT 1948

INTRODUCTION

In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.

THE FACTORIES ACT, 1948.

THE FACTORIES ACT,

1948. (^) Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof- i. Whereon 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 ii. Whereon twenty 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 without the aid of power, or is ordinarily so carried on;

But does not include a mine subject to theBut does not include a mine subject to the operation of the Mines Act,1952 or a mobile operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the unit belonging to the Armed forces of the Union, a railway running shed or a hotel, Union, a railway running shed or a hotel, restaurant or eating place. restaurant or eating place.

• (^) Workers employed in the registered factories

“Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process Workers under the Act, includes

1. Permanent 2. Temporary 3. Contract 4. Casual ,
   5. Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc.,

Obligations of WorkersObligations of Workers A worker in a A worker in a factory shall not-factory shall not-

• Wilfully interfere with or misuse anyWilfully interfere with or misuse any appliance ,or other thingappliance ,or other thing provided inprovided in the factory for the purposes ofthe factory for the purposes of securing health, safety or welfare.securing health, safety or welfare.
• Willfully and without reasonableWillfully and without reasonable cause , do anything likely tocause , do anything likely to endanger himself or others.endanger himself or others.
• Wilfully neglect to make use of anyWilfully neglect to make use of any appliance or other thing.appliance or other thing.

BENEFICIARIESBENEFICIARIES

• Power : It means electrical energy which is mechanically transmitted and is not generated by human or animal agency.
• Occupier : OCCUPIER AND MANAGER are the responsibleOCCUPIER AND MANAGER are the responsible persons for persons for implementation of the provisions envisaged in theimplementation of the provisions envisaged in the Act. Act. OCCUPIER means the person who has got the ultimate control over the OCCUPIER means the person who has got the ultimate control over the affairs of the factory. affairs of the factory. - (^) ProprietorshipProprietorship - - ProprietorProprietor - (^) PartnershipPartnership - - One of the partnerOne of the partner - (^) CompanyCompany - - One of the directorOne of the director - (^) State or CentralState or Central - - Persons so nominated by thePersons so nominated by the - (^) Government ownedGovernment owned respective governments.respective governments.

 (^) An application for such permissionAn application for such permission may be made to the state govt. or themay be made to the state govt. or the chief inspector , along with the dulychief inspector , along with the duly certified plans and specifications.certified plans and specifications.

Presumption For Permission If nothingPresumption For Permission If nothing is heard within 3 months – if on anis heard within 3 months – if on an application to the state Govt. Or theapplication to the state Govt. Or the chief inspector for permissionchief inspector for permission accompanied by plans andaccompanied by plans and specifications of a factory, nothing isspecifications of a factory, nothing is heard within 3 months , the permissionheard within 3 months , the permission is deemed to be granted.is deemed to be granted.

 (^) Appeal- where the state govt. refuses toAppeal- where the state govt. refuses to grant permission to the site, construction orgrant permission to the site, construction or extension of a factoryextension of a factory or to the registrationor to the registration and licensing of a factory, the applicant mayand licensing of a factory, the applicant may within 30 days of the date of such refusalwithin 30 days of the date of such refusal appeal to the Central Govt. Where a chiefappeal to the Central Govt. Where a chief Inspector refuses to grant such permission,Inspector refuses to grant such permission, the applicant may ,within 30 days of refusal ,the applicant may ,within 30 days of refusal , appeal to the state Govt.appeal to the state Govt. Notice by occupier – the occupier shall, atNotice by occupier – the occupier shall, at least 15 days before he begins to occupy orleast 15 days before he begins to occupy or use any premises as factory, send to the chiefuse any premises as factory, send to the chief Inspector a written notice containing-Inspector a written notice containing-